Do I need to produce copy or drivers license and social security card when subpoena from defense attorney in discovery?

Asked almost 3 years ago - Antioch, CA

Plaintiff Pro Per Civil Unlimited Auto Accident - Defense attorney has subpoena copy of my drivers license and social security card for discovery.

Are these protected under privacy law and code? How does a copy of my drivers license and social security card part of discovery and evidence with back injury claim?


Thank You,

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

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    Answered . Parties don't get subpoenaed, they get demands for production of documents. 3rd party witnesses get subpoenaed.

    You don't need to file any motion, you just respond to these discovery requests with objections based on your privacy rights and the irrelevancy of the requests to the issues in the case. The magic words to use are :not calculated to lead to the discovery of admissible evidence." Then if the defense lawyer wants to pursue these requests, they're the ones that need to file a motion to compel.

    Generally driver's license number is asked for the the judicially council approved Form Interrogatories, No. 2.3, but the social securty number is not requested. They're entitled to know if you had a driver's license or not at the time of the accident.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Derryl Stephen Halpern

    Contributor Level 12

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    Answered . A drivers license in an autmobile accident case should be disclosed (assuming you were a driver) However the social security card would be protected from disclosure under your right to privacy and not claculated to lead to admissible evidence. However, for the most part, if you are a plaintiff your SS number is plastered all over your medical records which are disclosed.

  3. Brian S Wayson

    Contributor Level 19

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    Answered . If you do not feel the material subpoenaed is germane to the matters at issue, you can file a motion with the court to have the subpoena quashed - then the judge's ruling will tell you if you need to provide the items or not.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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