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Do I have time to issue a subpoena? If not, should I object to the Magistrate?

Orlando, FL |

My Supplemental Petition for Modification of Child Support has been referred to the General Magistrate quicker than I thought it would. I have court on the 22nd of May and I want to subpoena my ex-wife's employer records of pay because I believe she is lying about her pay. Do I have enough time to accomplish this? If not, should I object to the Magistrate hearing? Also, if I do object to the Magistrate hearing, how long will it take to get a hearing with the Judge?

Attorney Answers 3

Posted

Barely. Get your notice of intent and proposed subpoena done five and serve on opposing party. Follow the procedure set firth in Fla R Civil Pro 1.351. After the waiting period have clerk issue subpoena and get it served. Put the date of production in the subpoena. It has to be after its issued and before the trial date and the employer needs a few days to get things together. If you don't get your material than subpoena duces tecum the employer to trial.

This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.

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4 comments

Asker

Posted

Can I serve the notice of intent and proposed subpoena on her today and then file it with the clerk Monday?

Asker

Posted

Would it be better just to subpoena duces tecum the employer to trial?

Robert M Chambers

Robert M Chambers

Posted

You can serve now and file later. The rule says time runs from date of service of n/I not date of filing. It would be easier to subpoena employer to trial but you wouldn't have much time to look over records. Bitter and sweet. Choices. Maybe do both?

Asker

Posted

Okay, thank you very much for your help!

Posted

I agree with Attorney Chambers except I would subpoena them for the hearing at the same time as I did not non-party subpoena.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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Robert M Chambers

Robert M Chambers

Posted

Ms Lindquist is absolutely correct. I should have said this. Plus you serve both documents for price of one which could save around $50!

Posted

If you were to object to the Magistrate, it would be many months before you could get before the judge. You may need to move to continue, unless you can subpoena the employer to bring records to the hearing, and then you do not have much time.

R. Jason de Groot, Esq., 386-337-8239

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