Which holders of records may a court ask for an investigation or copies of documents, and what limits what the court may ask of them?
General information · Not legal advice
Material to check
In a practice file we look for the court's own letter of request, which body or person it was sent to and in what capacity that recipient holds the records, the list of documents said to be held in custody, and any reply describing the matter as one within the recipient's business.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the court itself acts under this provision, asking a public institution, a school, another organisation or individual, or a foreign public institution for an investigation that is necessary or for duplicates or copies of documents it holds in custody, and that the request may cover only matters falling within that recipient's business.
Another reading notes the limit the wording draws: a request to an individual or a foreign public institution is placed on the same footing as one to a domestic public institution, yet the provision says nothing about who may set the request in motion or what the recipient must do if the matter is said to fall outside its business.
Your judgment
If a recipient answers that the matter falls outside its business, what in the file could show that the records it holds are connected to that business?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to name further recipients or to say who may set the request in motion, or if a court decision decides whether a recipient must comply or how far the business limit reaches.