In addition, some states have adopted specific statutes or procedural rules that are designed to protect the privacy interests of absent consumers. For example, California Civil Procedural Rule § 1985.3 prevents a party from issuing a subpoena for personal information from a variety of organizations including medical providers, banks, credit unions, lenders, brokerage firms, or insurance companies, unless the party issuing the subpoena provides a copy to the consumer whose records are sought, and informs them that they have a right to object to the organization furnishing information about them. The rule also requires that the party issuing the subpoena provide the consumer sufficient time to receive, and object, before production is anticipated. The following provides a snapshot of information concerning the number of cases filed in 2013 and 2015.
Nearly 100 Million
Number of Cases Opened in State Courts in 20131
Number of Cases filed in Federal District Courts in 2015.2
If you receive a subpoena or document request asking for personal information about consumers consider the following steps and questions:
1. National Center for State Courts, Court Statistics Project, “Examining the Work of State Courts: An Overview of 2013 State Court Caseloads” p. 2 (Available at: http://www.courtstatistics.org/~/media/Microsites/Files/CSP/EWSC_CSP_2015.ashx).
2. Administrative Office of the United States Courts, “Federal Judicial Caseload Statistics 2015 (Available at: http://www.uscourts.gov/statistics-reports/federal-judicial-caseload-statistics-2015).