Long background story of why I’m trying to do this, but any ideas on how to compel records from a third party on a claim that is not in litigation?

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Just raise your sword in the air and say in a commanding voice, “By the power of Grayskull, I compel you….”

If there’s no case pending before court or arbitrator, then you really have no authority to compel anything.

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Unfortunately in pre litigation, there’s no recourse in compelling records without a subpoena.

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Oh, yea then that’s it. Need a subpoena after that.

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Subpoena….

Need to file a lawsuit before you can use subpoena powers.

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You have to have a release from the party to whom the records belong or a court order (i.e. a subpoena with court authority as part of a lawsuit). Otherwise the 3rd party shouldn't release the records because they expose themselves to liability.

Okay I will try that. Thank you so much!!

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What sort of jurisdiction are you in (state or fed)? Do you have an active suit against a party other than the non-party from who you are seeking records?
Two crucial data points. There are nuances, though most states have a correlate to FRCP 45.
There are CLEs on this exact thing.

I subpoena docs from non-parties all the time, and have filed motions to compel against non-parties on several occasions. It’s not complicated, but you do have to have an actual litigation pending with some other party and have the docs held by the non-party be relevant to the claims or defenses in that pending litigation.

Perhaps look into filing a Declaratory Judgment action?

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