Are the documents obtained via a deposition subpoena for production of business records can not be viewed until trial?

Asked over 1 year ago - Sherman Oaks, CA

Copies of the subpoenaed documents were sent to deposition officer in a sealed envelop. According to Evidence code 1560, they need to remain sealed until trial. Does that mean they can not be admitted into evidence otherwise?

Attorney answers (3)

  1. Sagar P. Parikh

    Contributor Level 20

    1

    Lawyer agrees

    Answered . They may still not be admitted into evidence unless they meet certain admissibility guidelines.

    Consult with a litigation attorney.

  2. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . Ask your attorney. Documents obtained by subpoena are not necessarily admissible at trial and must still comply with the rules of evidence. The answer as to admissibility at trial depends on the type of documents you want to have admitted. evidentiary issues need to be spotted and taken care of well in advance of trial. Here's more: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  3. Joseph Wayne Rose

    Pro

    Contributor Level 12

    Answered . If your attorney intends to authenticate subpoenaed documents at trial only by a certificate of the custodian of business records then YES, the envelope needs to remain sealed until trial. There are other good reasons for the envelope to remain sealed until trial, depending on the circumstances. Your attorney can explain them to you.

    Follow me on Twitter @joeroselaw. I answer questions on Avvo to try to help get you pointed in the right direction.... more

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