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Re: [infoguys-list] Re: Subpoenas - telephone consent

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  • suesarkis@aol.com
    YEP !!!! In a message dated 1/26/2010 4:27:47 P.M. Pacific Standard Time, oracleintl@aol.com writes: I admit ya got me with that one last time Sue -- I had
    Message 1 of 2 , Jan 26, 2010
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      YEP !!!!


      In a message dated 1/26/2010 4:27:47 P.M. Pacific Standard Time,
      oracleintl@... writes:




      I admit ya got me with that one last time Sue -- I had never heard of any
      such thing as a requirement that the person consent to having their phone
      records subpoenaed.

      Now that I have had a little more experience with Kookyfornia, I know how
      you deal with that. Like IRS records, you just get the judge to direct
      them to sign the appropriate release.

      Bill



      In a message dated 1/26/2010 7:08:32 P.M. Eastern Standard Time,
      _suesarkis@..._ (mailto:suesarkis@...) writes:

      In a message dated 1/26/2010 8:11:36 A.M. Pacific Standard Time,
      __rmriinc@yahoo._rm_ (mailto:_rmriinc@...) _
      (mailto:_rmriinc@..._ (mailto:rmriinc@...) ) writes:

      But, my question here is this. Can't the P.I. protect himself or herself
      from the client suing over this issue of turning over records by covering
      this in their contract? Perhaps a simple clause in the confidentiality
      section of the contract that reads something like this:

      **********************************************************************
      "all information will be treated as strictly confidential and will not be
      released to anyone other than RMRI, Inc. and it's agents without the
      express written consent of the client or unless requested under a valid
      court
      order".

      ***********************************************************************
      Rick -

      Isn't our relationship with our clients presumed to be confidential?
      Also, what is a valid court order? Is a subpoena duces tecum a court
      order? I
      will not speak for MO but here in CA the answer is an uniquivocal NO. If
      they have a judge's signature, they are signed before the blank is given
      out. If they have an embossed court seal, the court seal was there before
      the blank subpoena was given out. What is official about that? You'd be
      surprised at some of the garbage I've been served with where some yokel
      thought I would abide by their piece of toilet paper even though that
      toilet
      paper had a signature and a court seal on it.

      However, here in CA we have very clear and precise rules in CIVIL cases
      whereby if we are asking for records via subpoena, we have to notify the
      consumer in advance. Although the client is notified I still will "move to
      strike" if I believe the information is harmful to the client, former or
      otherwise. Here's some of our language for civil cases and it speaks
      clearly
      and loudly as to what is to be done.

      TITLE 3. OF THE PRODUCTION OF EVIDENCE

      CCP ยง1985.3. Definitions; Subpoena of Personal Records of Consumer

      (c) The clerk, or a judge, shall issue a subpoena or subpoena duces tecum
      signed and sealed but otherwise in blank to a party requesting it, who
      shall fill it in before service. An attorney at law who is the attorney of
      record in an action or proceeding, may sign and issue a subpoena to
      require
      attendance before the court in which the action or proceeding is pending
      or at
      the trial of an issue therein, or upon the taking of a deposition in an
      action or proceeding pending therein; the subpoena in such a case need not
      be
      sealed. An attorney at law who is the attorney of record in an action or
      proceeding, may sign and issue a subpoena duces tecum to require
      production
      of the matters or things described in the subpoena.

      (e) Every copy of the subpoena duces tecum and affidavit, if any, served
      on a consumer or his or her attorney in accordance with subdivision (b)
      shall be accompanied by a notice, in a typeface designed to call attention
      to
      the notice, indicating that (1) records about the consumer are being
      sought
      from the witness named on the subpoena; (2) if the consumer objects to the

      witness furnishing the records to the party seeking the records, the
      consumer must file papers with the court or serve a written objection as
      provided
      in subdivision (g) prior to the date specified for production on the
      subpoena; and (3) if the party who is seeking the records will not agree
      in
      writing to cancel or limit the subpoena, an attorney should be consulted
      about
      the consumer's interest in protecting his or her rights of privacy. If a
      notice of taking of deposition is also served, that other notice may be
      set
      forth in a single document with the notice required by this subdivision.

      (I threw this one in for the fun of it)
      (f) A subpoena duces tecum for personal records maintained by a telephone
      corporation which is a public utility, as defined in Section 216 of the
      Public Utilities Code, shall not be valid or effective unless it includes
      a
      consent to release, signed by the consumer whose records are requested, as
      required by Section 2891 of the Public Utilities Code.

      Sincerely yours,
      Sue
      ________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
      _www.sarkispi._www.sa_http://www.sarkispihttp:/_
      (http://www.sarkispihttp:_) (_http://www.sarkispihttp:_ (http://www.sarkispi.com/) ) )


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