Can I file my own subpoena in my post divorce case?

Asked 7 months ago - Los Angeles, CA

My divorce has been over for a few months and I am trying to get a hold of a draft copy of my QDRO. We outsourced it to a QDRO company but it was done through my ex husbands attorney. They will not and have not given me the draft copy and the company claims they cannot give me a copy of the draft because I wasn't the one who requested it. I believe my ex husband is trying to hold up this process so I was wondering if I could subpoena the QDRO company for a copy of the draft.

Attorney answers (2)

  1. Gregory Paul Benton

    Contributor Level 20

    Answered . If your ex's attorney was supposed to do this, then they can be held for contempt. That is where you can start. YOu can also file a motion to have you ordered to get the QDRO done. A subpoena isn't what you need to do. Seek legal assistance on this.

  2. Alan James Brinkmeier

    Contributor Level 20


    Lawyer agrees

    Answered . You first posted this under Ohio. Now in California. State laws make a difference. In Ohio an attorney has the authority to issue a subpoena.

    If you do not have an attorney, the clerk of court will have to issue the subpoena as a lay person may not issue one. Most clerks will require that the judge be involved, so simply seek leave of court in your pending case to proceed.

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