I filed an Emergency Motion to Modify Parenting Time. The other side has responded and basically told the judge that if the judge does not rule on their behalf, that they would like a hearing. I Replied to the Response opposing my Emergency Motion. When do I subpoena records from Social Services? After the Motion has been granted or denied? Or now?
Probably right away, although you likely won't have them before your court date as emergency modification hearings are typically held within 7 days of fling. Nevertheless, should the judge inquire you would like to be able to say that you made every effort to get the DHS records prior to the hearing date. You should also find out if anyone prepared a DHS report and subpoena them. I would highly recommend hiring an attorney to handle this for you, because if you don't meet your burden of proof the other side is statutorily entitled to an award of their attorney fees to be paid by you.
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Social Security Lawyers
You want to subpoena the records right away--the records sometimes take a while to obtain. If you are able to speak to the case worker and explain why you need them quickly, he or she may be willing to get the certified records to you before the hearing. The other option is to subpoena the case worker to testify at the hearing regarding his/her investigation and bring the Department of Human Services file.
If you wait until after the the Motion has been denied, then there is no purpose in having the records.
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I just ran into this problem in subpoenaing social services records in the exact same scenario in Jefferson County. They will have their county attorney file a motion to quash your subpoena. Pursuant to rule, the subpoena needs to be served at least 15 days prior to the hearing (MUST be - no exceptions) and MUST be accompanied EITHER by 1) a Court Order ordering their production or 2) signed releases by both parents allowing for their release. I pitched a fit that it was impossible to do so on a Motion to Restrict Parenting time, which needs to be heard within 14 days and it fell on deaf ears with the judge.
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