I need clarification on subpoenas. I want to subpoena my ex's schwab account where she is hiding AAPL shares from her FL-150 to show the Judge that she has plenty of undisclosed funds.
Do I subpoena her schwab accounts with her SSN?
A: Yes. A subpoena is not filed with the court, so there is no disclosure of confidential information, because Schwab already has your spouse's SSN.
I dont have the account numbers. Please clarify the custodian of records. Is that Apple Computer managing AAPL?
A: You don't need account numbers. The person's name and SSN is sufficient.
"Custodian of Records" is a generic name used to obtain records from any business entity. Most large business organizations actually have an employee (or several employees) officially named "custodian of records." All subpoenas go to that employee, and he/she is responsible for either opposing or satisfying the subpoena request.
Businesses that are provided with a properly issued subpoena for business records will respond by sending the records to the courthouse in a sealed envelope that can be opened by the clerk at the hearing, where all parties are present, and in doing so, there can be no doubt as to the authenticity of the records produced.
Do I subpoena them instead and reference my Ex-wifes SSN?
A: Originally, I suggested that you subpoena Apple, Inc. directly, because I thought you did not have your spouse's account location. Apple has a log of every owner of its securities, so it can definitively disclose that your spouse owns APPL stock, regardless of the investment house in which the securities are held. But, if you know that the stock is held at Schwab, then you can subpoena Schwab to get the same records.
2. I want to subpoena opposing counsel's Skype phone account to show he initiated a call cited in my RFO. Do I subpoena Skype and reference his phone number to produce the documents?
A: Yes. Custodian of Records, account holder name and phone number will be sufficient to permit Skype to identify the information requested.
3. I want to subpoena my ex-wifes ATT cellular records to show certain TEXT messages. Do I subpoena ATT or is there a custodian of records?
A: Same as above.
I am looking at form SUBP02 which is not for this...please advise.
A: SUBP-002, Section 3 b. is what you would use to obtain the records without requiring appearance of the custodian of records.
Hope this helps.