I have been told by a judge in a circuit court divorce case that I can't file a motion to quash only Atty can file this motion

Asked almost 3 years ago - Richmond, VA

Is there a special form for this? The clerks can't understand why he won't allow me to file the motion to quash, this is about medical records

Attorney answers (2)

  1. Mary G. Commander

    Contributor Level 16

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    Lawyer agrees

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    Answered . Circuit Courts are not particularly user friendly nor are they a court of forms. Litigants are expected to be able to prepare their own pleadings.
    While I was not in court and thus cannot dispute your version of what the judge said, he may have suggested that you speak with an attorney ABOUT filing a Motion to Quash. Since your question is in the Family Law section, chances are that the medical records would be relevant to some issue in a divorce or custody case and would not be quashed, in any event.

    This response does not create an attorney-client relationship and is intended for general information purposes only.
  2. Susan Leslie Fraser

    Pro

    Contributor Level 14

    Answered . The Circuit Court is subject to the Rules of Evidence, and the Rules of Discovery. You need to go by your local law library- you also have access to a wonderful resource which is the University of Richmond's law library which is open to the public. Any person who appears 'pro se' (i.e.,represents himself) has the right to file such Motions as are requisite and appropriate: but you need to think about the scope of the Rules of Discovery (found at www.courts.state.va.us- then click on Supreme Court- then "Rules of...") Rule 4:1- ANY matter which may lead to admissible information" is capable of being subpoenaed. I suspect his Honor was trying to tell you that a Motion to Quash would be denied, because the Subpoena was proper.

    Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the... more

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