How do I supeana my school for my records?
I’ve been trying to get my school records from Gibbs NY but they never return my calls or never released it to me. So I want to supeana the school without a lawyer
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You can’t subpoena records for your own use. If you are involved with a law suit or criminal case, then a judge in the case can issue a subpoena for documents to be presented to the court. Write the school a letter, requesting a copy of your records under the Federal Freedom of Information Act, and send it by Certified Mail with Return Receipt requested so they have to sign for the letter and are on notice that they legally have to respond. Put a specific date in the letter by which they must respond–the law usually allows 10 working days. Give a return address to which the records must be sent and a phone number for them to contact you with any questions. Sign your letter. Be aware that although the school system has to release your records to you, they may require you to pay for the copies and postage, and can charge a pretty penny for the copies, so be prepared to open your pocket book. Also, send a copy of the letter to the head of your Board of Education. If you don’t get a response from the school, follow up with a call to the Board of Education. Don’t make any threats or insinuations about subpoenas or law suits, because you clearly don’t know the legal issues involved and people don’t respond to people making threats. Good luck.
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Before you subpoena, make sure your school does not have a form that you need to fill out to get the records. If you can stop by the school’s registrar office and check, that will save you some money.
You will have to file an action in small claims court in the county where the school is located. It will cost something, but will be cheaper than an attorney. Check the small claims court website for your area.
However, you could check with the Bar Association for your county (not familiar with NY, so I can’t tell you which one you would need to check) and see if you can get it done Pro Bono (but there still may be nominal fees associated, such as the court filing fee).
You CAN subponea information for your own use. It happens on a daily basis.
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Try the board of education for the county first. A subpoena has to be issued thru a court.
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