Procedural issues, subpoena, and motions:

[Pagg]

1. If a 3rd party, not a party to the suit, has documents critical to my defense and counter claim, can that party can be compelled to produce with a Request For Production as I would use for documents in the custody of the Plaintiff, or is a Subpoena required?

(The Clerk has refused my first request for a subpoena stating one is not needed for witness appearance or production, but it is not clear the Clerk understood it was a 3rd party for which the subpoena was sought for document production)

2. What motion(s) should be sought if Plaintiff does not respond fully or on a timely basis to Interrogatories and Request to Produce?

3. Can a Motion for Summary Judgment seek a judgment in my favor (denying Plaintiff's claims and awarding my counter claims)? Could it be appropriate to seek in the case of No. 2, above?

[randalljd]

You can subpeona any witness and his or her documents.

Any witness or party that fails to comply can be subject to a mtoion to compel where the court can force them to comply, fine them, jail them etc.