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How long do you have to file a motion to quash a subpoena?

Redlands, CA |

I served my ex wife's attorney with a subpoena for employment records (did all the serving and everything correct) for our next hearing to determine child suport for me (my son doesn't see his mother at all) and alimony for her on July 12, 2010.

My ex wife's attorney just today, July 7, 2010, filed a motion to quash the subpoena. Did she file this in time?

What is the best course of action next? The hearing date for the motion to quash is on July 13, 2010 (one day after the records were supposed to be sent to court).
These records are necessary because she has declared to the court that she isn't working there anymore. I've already hired a P.I. and got a report from him indicating she is working there as the manana

I wish I could afford a lawyer, but am currently living off about $1400 a month and help from friends. I served the supboena along with the notice to consumer on her attorney on May 27, 2010, and then on the employer 12 days later. I need to get her payroll records so the judge can properly determine how much child support I am owed by her. she is telling the courts she is not working, but she has been seen working there by more than one of my friends.

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Attorney answers 1


Technically, the motion to quash should be heard before the due date on the subpoena, but this timing issue may not matter much, if the judge is inclined to grant the motion to quash as improper or overly broad. There are also other timing issues, such as when your subpoena was served and how much notice was provided and if you served the Notice to Consumer with the subpoena, which is required.

I was unclear what you are subpoenaing and whose records you want to see. Do you want your wife's employment records? Of so, why did you serve the attorney, when you need to serve the employer of your wife, or does your ex wife work for the attorney? I think you may need your own lawyer to ensure that the procedures are followed and you get the proof you need.

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