My question involves court procedures for the state of: TEXAS
We are a non-party to a lawsuit for which I recently received a letter from a Defendant's attorney requesting employment records for the Plaintiff in the suit. The request is in letter form and is not a subpoena duces tecum, but it does attach a release for the records that appears to have been signed by the employee.
My standard procedure is when I receive only a letter request from an attorney who represents the employee and a signed release is attached for that employee's records, I will provide the records to that attorney (without requesting proper service of a subpoena).
However, when I receive only a letter request from an attorney who does NOT representing the subject individual, but attaches to their letter request a release signed by the individual, I request that the attorney properly serve us with a subpoena duces tecum through our registered agent. (Typically the release forms that are provided do not have a notarized signature of the individual, so, in an abundance of caution, I always request proper service of a SDT through our RA.) I have searched the internet for a clear answer but have been unable to locate one.
Please let me know if Texas Law requires me to comply with a simple letter request for employment records when accompanied by a release form bearing the employee's (un-notarized) signature - regardless of which side sent the letter request OR if I am within my legal rights, according to Texas Law, to demand that the non-representing attorney proper service a subpoena duces tecum through our registered agent.
We are a non-party to a lawsuit for which I recently received a letter from a Defendant's attorney requesting employment records for the Plaintiff in the suit. The request is in letter form and is not a subpoena duces tecum, but it does attach a release for the records that appears to have been signed by the employee.
My standard procedure is when I receive only a letter request from an attorney who represents the employee and a signed release is attached for that employee's records, I will provide the records to that attorney (without requesting proper service of a subpoena).
However, when I receive only a letter request from an attorney who does NOT representing the subject individual, but attaches to their letter request a release signed by the individual, I request that the attorney properly serve us with a subpoena duces tecum through our registered agent. (Typically the release forms that are provided do not have a notarized signature of the individual, so, in an abundance of caution, I always request proper service of a SDT through our RA.) I have searched the internet for a clear answer but have been unable to locate one.
Please let me know if Texas Law requires me to comply with a simple letter request for employment records when accompanied by a release form bearing the employee's (un-notarized) signature - regardless of which side sent the letter request OR if I am within my legal rights, according to Texas Law, to demand that the non-representing attorney proper service a subpoena duces tecum through our registered agent.
Service of Process: Texas Law Requirements for Providing Employee Records to Attorneys Without a Subpoena
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