Has anyone ever subpoenaed the insurance claim file for an accident for your criminal cases? I have a DWI where the operation element is in question, but the defendant may have admitted to the insurance carrier that he was operating the vehicle. Exactly what do I need to ask for? Should I expect resistance from the insurance company? If so, what is the best way to respond to their objections? Thanks!
I have previously asked for the entire claim file including any written or oral statements provided by any party. Statements are often done over the phone and those calls may be recorded so I request the audio files. Admittedly, it has been a while since I had to do this.
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