When a third-party record-custodian summons is issued, it legally obligates an individual with knowledge about a person or company to provide that information to the court. The Internal Revenue Service frequently employs this type of summons to obtain information about individuals who may have outstanding tax liabilities. This summons is also referred to as a John Doe summons. Essentially, a summons is akin to a court-issued letter that mandates an individual to take a specific action, such as appearing in court or providing information.
A third-party record-custodian summons is a legal order that compels a third party, such as a bank or employer, to disclose information about an individual who is being investigated for potential tax liability. This type of summons is also referred to as a John Doe summons. For instance, the Internal Revenue Service (IRS) might issue a third-party record-custodian summons to a bank in order to access financial records of an unnamed taxpayer suspected of underreporting income. The bank would be obligated to provide the requested information to the IRS. Another example of a third-party record-custodian summons is when a court mandates an employer to provide employment records of an employee involved in a legal case. The employer would be required to comply with the summons and furnish the requested information. In essence, a third-party record-custodian summons is a legal order that necessitates a third party to disclose information about an individual who is under investigation or involved in a legal case. These examples demonstrate how this type of summons can be utilised to obtain information from banks or employers to aid in legal proceedings.
A Third-Party Record-Custodian Summons is a legal document issued by a court that requires a third-party custodian, such as a bank or internet service provider, to produce certain records or documents related to a specific individual or entity.
A Third-Party Record-Custodian Summons can only be issued by a court or authorized government agency.
A Third-Party Record-Custodian Summons can be used in various legal proceedings, such as criminal investigations, civil lawsuits, or administrative hearings, where the requested records are relevant to the case.
A Third-Party Record-Custodian Summons can be used to request a wide range of records, including financial records, bank statements, emails, phone records, social media records, and other relevant documents.
Yes, the recipient of a Third-Party Record-Custodian Summons can challenge or contest the summons if they believe it is overly broad, unduly burdensome, or violates their rights. They may seek legal counsel to assist them in this process.
If a third-party custodian fails to comply with a valid Third-Party Record-Custodian Summons, they may face legal consequences, such as fines, penalties, or even contempt of court charges.
In general, a Third-Party Record-Custodian Summons can be used to access confidential or privileged information, but there are exceptions. For example, attorney-client privileged communications may be protected from disclosure.
The time frame for compliance with a Third-Party Record-Custodian Summons can vary depending on the jurisdiction and specific circumstances. Typically, the custodian is given a reasonable amount of time to gather and produce the requested records.
Yes, a Third-Party Record-Custodian Summons can be used to obtain records from entities located outside the jurisdiction, but it may require cooperation between the courts of different jurisdictions or international legal processes.
Yes, an individual whose records are being sought through a Third-Party Record-Custodian Summons can challenge the use of the summons if they believe it violates their privacy rights or is not supported by sufficient legal grounds. They may need to consult with an attorney to understand their options and potential defences.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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