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If someone pro se files a motion to quash subpoena for production of documents, what is the correct response to dismiss?

Atlanta, GA |
Filed under: Litigation

Do u have to have a hearing on motion to quash or can judge just simply rule without hearing?

Do I file a motion to dismiss the motion to quash with supporting facts of why documents are necessary?

Legal Support for discovering loan value/equity of residence for child support judgment?

Attorney Answers 4

Posted

In my experience as a California attorney, normally there is a hearing on the motion. (In relatively rare cases, the judge may decide without a hearing.) The paper you file would be called an opposition to motion to quash subpoena (or opposition to motion for order quashing subpoena), not a motion to dismiss. You can include supporting facts that support of your opposition. However, you probably need a memorandum of points and authorities outlining the legal support for the proposition that the information is discoverable. In California, information is discoverable if it is relevant to the subject matter of the action or is likely to lead to the discovery of admissible evidence. There may also be issues relating to privilege or other issues. It is hard to tell the merits of the subpoena without knowing more about the case and the subpoena.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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Rebecca B. Phalen

Rebecca B. Phalen

Posted

In Georgia you don't have to have a hearing on a motion. It will depend on the practice of the judge and the substance of the motion. I can't tell from the question whether it is federal or state court, but in responding to the motion to quash, you will need to be mindful of the time to respond to that motion. The timing will also depend on whether the subpoena was for discovery purposes (pre-trial) or to bring documents to a hearing or trial. The judge should not rule on the motion to quash before the time passes for you or your attorney file a response to the motion. In any event, as Mr. Lee stated, the written response to the motion should include facts specific to your case to show the court why the documents are relevant to the case, as well as the legal support.

Posted

I practice in Connecticut, so my answer is based on that experience. There almost certainly would need to be a hearing on the motion. You would file an objection to the motion to quash and explain why the documents are necessary. If the basis for the motion to quash is that more time is needed, you could reach an agreement to provide the additional time, or limit some of the documents requested. But if it is based on a claim that the documents are not relevant, and not likely to lead to the discovery of relevant evidence, you will probably have to explain all that in your opposition papers.

Legal disclaimer: Legal issues are usually dependent on the specific facts of the case or situation. Please do NOT utilize the information you receive here as either a binding legal opinion about your case or situation. I do not become your attorney because I've answered a question posted here. Any legal representation is accomplished by written contract ONLY, signed by each of us. Attorney Steven Basche practices in Connecticut only. www.legaladviceforlife.com

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Posted

Get a lawyer. You would never perform dentistry on yourself.

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Posted

In Maryland, pro se parties are held to the shame standard as attorneys. Thus, by going it on your own, you're proceeding at your own peril. As my colleague said, you would never perform dentistry on yourself, so why would you attempt to practice law? Do you know how to get evidence introduced at trial? Just because you have a document doesn't matter. Do you know how to authenticate documents?

You could be harming yourself much more than you're helping yourself.

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