Subpoenas (also known as "deposition subpoena" and "subpoena duces tecum") are the principal means by which parties to litigation before the Superior Court, the WCAB, or other judicial bodies, secure the production of records or documents from, and compel the attendance at depositions by, persons or entities who are not parties to the action or proceeding. If you are a long-term reader of Laughlin, Falbo, Levy & Moresi's The Workers' Compensation Newsletter, you may know that we have periodically provided guidance on the handling of a subpoena received by the claims examiner, typically requesting that a copy of the claim file be produced.ĭue to the popularity of this feature, including a handy pull-out " Subpoena – Response Chart", what follows is an updated discussion and recommendations, focusing on the practical aspects involved in properly and timely complying with the subpoena, while legally protecting against the disclosure of documents that should be kept confidential, so as to avoid the potential devastating effects and embarrassment of "showing your hand" to your adversary.
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