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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.
Unfortunately in pre litigation, there’s no recourse in compelling records without a subpoena.
Oh, yea then that’s it. Need a subpoena after that.
Subpoena….
Need to file a lawsuit before you can use subpoena powers.
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!!
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?