What is the first step in bringing a third-party records application?

The first step in bringing a third-party records application involves serving a subpoena on the third-party record holder. This legal procedure is essential as it officially requests the records in question and compels the third-party to provide the necessary information. A subpoena serves as a formal document that notifies the record holder of the demand for specific records or documents relevant to an ongoing case.

By serving a subpoena first, it establishes the authority of the requesting party and sets the legal groundwork for potentially challenging any objections from the third-party regarding the release of records. This process affords the third-party an opportunity to comply with the request, which can streamline the procedure and may help avoid the need for additional legal actions down the line.

After the subpoena is served, if there are challenges regarding the privilege or objections to the records being released, then attending a hearing for privilege review may become necessary. However, such steps come after the initial action of serving the subpoena. Overall, starting with the subpoena is crucial for the lawful pursuit of records from third parties in legal proceedings.