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Subcommittee reports substitute to expand who may move to quash subpoenas for certain third‑party records
Summary
Senate Bill 1010 (substitute) would expand standing to move to quash subpoenas for financial and other account records; sponsor described the bill as addressing situations where nonparties' records are subpoenaed and reported the measure to the committee with a substitute after coordination with a House companion.
Senate Bill 1010, discussed near the close of the subcommittee meeting, would expand the categories of nonparty record-holders who may seek to quash subpoenas for certain third‑party records. The sponsor described a case in which subpoenas sought bank and investment records that belonged to a third party not named as a litigant; under current court practice, the third party may lack statutory standing to move to quash because the bank, not the account holder, is the record custodian.
The sponsor told the subcommittee he believed account-holders should have standing to move to quash subpoenas that seek their financial records. He noted health records already have a statutory notice and protection scheme under federal law (HIPAA) and local practice. The bill was conformed to a House companion and reported with substitute language; the clerk recorded a committee report with substitute by an 8-0 vote in the excerpted hearing.
Sponsor and committee members discussed working with Delegate Lehi to combine related House and Senate language; the substitute as reported instructs the Supreme Court to consider rule changes and asks an advisory body to review categories of records for which third parties should have standing to object.
