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Can my Ex spouse have records subopeonaed for court?

Chicago, IL |
Filed under: Family law

I live in Illinois. Going thru a divorce.

I am Power of Attorney for my mother

Attorney Answers 4


Yes. Plain and simple. Getting them into evidence may require some legal knowledge. If you don't have an attorney, you should retain one.

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Luke D. Kazmar

Luke D. Kazmar


Excellent insight as to admissibility.


The generic answer is yes but these facts you listed do not make any sense. If your ex spouse is sending out subpoenas then you are divorced from him so who are you divorcing now? And what does your mother and a POA have to do with it? So I would have to retract my answer and send you to consult in person with a divorce attorney.

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Yes, if you are POA for your mother, her records can be subpoenaed.

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You can have the clerk issue a subpoena to mickey mouse--that is no great accomplishment. The operative question is whether the subpoena encompasses material that is either independently relevant [to the issues of the case] or likely to lead to the discovery of relevant material. If not, your focus should NOT be on the fact that a subpoena was issued, but rather on filing a MOTION TO QUASH SUBPOENA on the basis that it seeks irrelevant abusive, harassing, duplicative or about 10 other grounds that any qualify lawyer could spout off in his sleep.

I hope this helps and that you will be successful in this effort as well as the overall resolution of your case.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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