回複:LG有權利查我父母的銀行存款嗎?

來源: 2007-07-17 12:53:38 [舊帖] [給我悄悄話] 本文已被閱讀:

Modern discovery in civil actions is governed by FRCP Rule 26-37. I don't know specifically about California but tend to think CA may follow the majority rule to enacted their own discovery statutes that are closely resembled the federal rules.

In essence, the FRCP Rule 26 allows discovery of anything related to the subject matter of the action, that is not privileged. A lawyer can isuue a subpoena to obtain these informations and if you don't comply, he can request the court to hold you contempt plus sanctions. Of course you can go to the court to challenge the relevancy of the information sought, thus, the subpoena, or to show the information sought is privileged, in which, you have the burden to prove that the information sought was irrelevant or privilege or it is an undue burden or expense to produce such information. However, without a court protective order you must comply because you are the party of the action.