do you know the standard to obtain a nonparty LLC's tax return in discovery?
Optional Information: Country relating to Question: United States State (if USA): New York Already Tried: new york Federal Court
Thank you for your question. Are you asking what tool you would need to obtain that document?
no, just the standard that would grant a party to be able to obtain a "non party LLC"s tax return.
i think its 1 - that the information is relevant to the action. and 2 - that there is a compelling need for the information because it is otherwise readily obtainable.
i just want to confirm this is correct, and that this is the same for limited liability corporations and people.
thanks
That is true to some extent. The scope of allowable discovery is described in detail in Federal Rule of Civil Procedure 26(b) here:http://www.law.cornell.edu/rules/frcp/rule_26A non-party may try to quash a Subpoena compelling production of information that is privileged, or if the request is over-broad or unduly burdensome.
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and LLC are the same as people?
For purposes of discovery yes, sort of. Although when considering an objection, the court would consider undue burden a bit differently as to a business rather than an individual.