And this too, fisherman:
4. A subpoena. A member may gain the legal right to inspect church records with a subpoena. Members and nonmembers alike may compel the disclosure or inspection of church records as part of a lawsuit against a church if the materials to be disclosed or inspected are relevant and not privileged. Under rules that have been adopted by most states and all federal courts, any party to a lawsuit may inspect records in the possession of another party to the lawsuit, and a party has the right, by a subpoena, to compel another party to turn over books, papers, and documents. Church leaders often are confused about their duty to comply with a subpoena that asks the church to turn over certain records as part of a lawsuit.
For example, let's say that a church is sued by a former employee who claims that she was wrongfully dismissed. The church receives a subpoena demanding that it turn over a wide range of documents pertaining to its personnel practices, employees, and finances. Does the church have to respond to such a subpoena? Does the First Amendment guaranty of religious freedom somehow insulate it from having to respond? The answer is that church records are not inherently privileged or immune from the subpoena power. Although all states consider confidential communications to be privileged when they are made to a minister acting in a professional capacity as a spiritual adviser, many courts have ruled that this privilege does not apply to church records.
