Order a witness to produce business records

If you only need to obtain business records from a witness, you can use a subpoena to order that the witness provide copies of business records, or permit copying of business records.

Before you start

You typically have the documents delivered to a copy service (or deposition officer)

In most cases, you'll ask the witness (a company or individual) to give the documents to a deposition officer so they can make copies.

A deposition officer for a business record subpeona is usually a professional photocopier that has registered with the county clerk. They're responsible for making copies of documents for the parties in a lawsuit. They charge a fee.

Alternately, you can also choose to inspect the records at your witness' location, but it's usually easier to use a deposition officer.

Call a photocopy shop and ask if they handle subpoenas or if they can act as deposition officers. To be a deposition officer they must be registered with the county. Many are not. You may need to contact several to find one that provides this service.

You will have to pay for the costs of copying

Be prepared to reimburse the witness for their costs. The witness will submit a bill when producing the records.

If you go to the business to inspect the original records rather than having them copied, the witness is still entitled to $15.

Witnesses are allowed to charge:

• $0.10 per page for documents 8 ½” x 14” or less
• $0.20 per page for copying documents from microfilm
• Additional costs for oversize documents or documents requiring special processing

In addition, they are allowed to charge:

• Clerical costs of $24 per hour per person for retrieval and copying of records
• Postage costs
• Costs for services of third parties, including retrieval from microfilm

There are special protections for phone records, e-mails, and texts

If you are subpoenaing evidence that includes phone records, email, social media, or texts you must get consent from the owner of those communications by having them sign a release.

Your local Self-Help Center or Law Library may be able to help you find the proper language for the specific release you need.

You must give notice to any consumer or employees whose records you seek

If you are subpoenaing evidence that includes consumer records or employee records of a company, you must give notice to the consumer or employee before serving the subpoena in order to give that person the opportunity to object to the production.