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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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An attorney in California writes up an order that looks like

Customer Question

An attorney in California writes up an order that looks like a subpoena but has no judges signature, clerks or stamps and sends it to a bank in Florida requesting a 3rd party companies bank records. Without proper disclosure to anyone. The bank in Florida fulfills the request thinking it is a legitimate request by the courts and granting access to the records for several years.
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

An attorney has the authority to issue a subpeona without a court's order because an attorney is an officer of the court.

In this case, the subpoena was served out of state. Generally, this means that the subpoena has no actual authority to be enforced. To have the requisite authority, the attorney issuing the subpeona must do so by a special request to a court in the jurisdiction where the subpoena is being served (letters rogatory). However, often times a company will simply respond to a subpoena without the necessity of forcing the requesting party to seek a local court order.

Expert:  TexLaw replied 4 years ago.

Please let me know if you have further questions. Please also kindly consider rating my answer. Rating does not cause you an additional charge and will not prevent us from further discussing your questions.

Best Regards,