If both parties are acting as Pro-Se in a Divorce Case, and Plaintiff is not co-operating in the Discovery Process, can the Respondent Directly go to the Judge without informing the Plaintiff and get a Court Order to issue a Subpoena to Plaintiff's Bank and Employer? or Respondent must inform the Plaintiff and take his/her permission? If Respondent don't need to inform Plaintiff, are his/her Bank and Employer are Legally Bound to inform the Plaintiff and take his/her permission Before releasing his/her Personal Information via Subpoena?
You don't "go to the judge" for a subpoena. As long as you are within the discovery process, you can issue a subpoena yourself. Do a google search on discovery and subpoenas. There are samples online for the proper form. You cannot ask for information that is not relevant to your situation. Best,
To clarify, the clerk of court issues the subpoena, not you or the judge. You have to also pay the service and statutory mileage fee, and if it's records from a bank, the bank record fee. Also, if it's bank records, each bank has specific requirements (And virtually secret addresses that they have to be sent to) or they'll object/ignore it. If you're pro se and never done this before, you can imagine how hard it will be to do it right the first time. That's ok, if I had to install flooring, doubt I'd get it right either.
So let's talk about something cheaper/faster/less complicated. If someone properly serves a Rule 214 notice to produce, and 28 days elapses, and no one objects or responds, and you do your 201k conference (Or at least try), then wouldn't it be faster/quicker to file a motion to compel vs. you paying hundreds of dollars for bank records/service fees/milages/etc? Because then you have a court order, and the possibility the judge will issue sanctions as well.
This presumes you did your 13.3.1 exchange first, otherwise you need leave of court to do additional discovery (Or just do the 13.3.1 then serve the requests).
Perhaps talk to a family law attorney in your area for specific guidance?
You can cause the subpoena to issue by yourself, but you must simultaneously send a copy of it to your spouse, so he or she can file any lawful objections to it.
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