September 26, 2006, 14:46
Mark HockerSubpoena Out-of-State Records
Anyone know how to go about getting out-of-state records? We have a bank in Colorado that is not willing to honor our records request nor our subpoeana duces tecum. Advice and forms (if available) greatly appreciated! Thanks, MARK
September 26, 2006, 15:31
Jeff SwainYou have to go under CCP Art. 24.28, the Uniform Act to secure attendance of witnesses from without State. I've got the forms and will email them to you. Its a pain and takes time, but unless Colorado is not a signatory on the uniform act, you'll eventually get your stuff. Another option, if it applies, is to find an in-state affiliate and serve them. We do that with a lot of the national banks.
September 26, 2006, 15:37
JohnRColorado has that statute. If you pull your Vernon's CCP, it has a table listing each state's statute. Hardest part is usually reaching the prosecutor's office in the county where the bank is and getting hold of someone who understands what to do.
September 26, 2006, 15:39
Mark HockerThanks Jeff & John. I'm on it now! MARK