California Private Investigator Practice Exam

What is the role of the custodian of records in relation to subpoenas?

1. They are responsible for issuing subpoenas

2. They manage and provide access to records when requested

3. They investigate the validity of subpoenas

4. They appear in court to defend the records

The correct answer is: They manage and provide access to records when requested

The custodian of records plays a vital role in managing and providing access to records in response to subpoenas. This individual is responsible for ensuring that all relevant documents are properly maintained, organized, and easily retrievable. When a subpoena is issued, the custodian must identify the records that fall under the request and ensure their availability for examination. This involves not just the physical or electronic handling of the documents, but also understanding the legal implications of the request, including what must be provided and what may be protected from disclosure due to privacy laws or other regulations. Their job is crucial in the legal process, as they serve as the gatekeeper for the information requested, facilitating compliance while safeguarding sensitive data. In contrast, issuing subpoenas is typically the role of the court or an attorney rather than the custodian. Investigating the validity of subpoenas usually falls within the purview of legal counsel or the courts, rather than the custodian's duties. Appearing in court to defend the records may also be outside the typical responsibilities of a custodian, as this is more aligned with legal representation or other designated officials who handle litigation matters.