Is it better to serve subpoena or go the discovery route to make the other party reveal the financial assets? What are the pros and cons of both and which is a faster route?
It depends on the type of information you are looking for.
If you are looking for just account statements for instance, then a subpoena to the financial institution may be the better option assuming the financial institution is in NC. Out-of-state businesses don’t have to comply with NC subpoenas.
If you are looking for medical or therapy records, then a subpoena is the best option but you will need to have the appropriate releases with the subpoena and possibly a court order depending on what is to be produced.
If you are looking to get statements and answers to various questions from the other party, then discovery would be best. This would be in the form if interrogatories and requests for production of documents. You can then get all of the account statements you need for instance, plus other documentation relevant to your case, but you can also get answers and opinions from the other party which can be helpful in preparing for trial because then you know how the other party may answer a particular question while on the stand or what the other party’s legal argument will be.
Subpoenas require faster compliance but you are limited in the types of information you can get.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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