Post an anonymous question on our forum and get free advice from multiple lawyers
Starting from $39 - Local, qualified attorneys offer fixed-fee legal services.
For $39 talk directly to a top-reviewed lawyer on the phone using Avvo Advisor. Get your questions answered in a 15-minute call.
Create your legal document in minutes. Add your details, save your work, and invite others to add their electronic signature.
Let the attorney and others know that this information was useful.
Let us know when your receive great advice so we can thank our lawyers and point others with similar questions in the right direction.
Petition/Rule to show cause mailed 8/16/13. Same person who filed petition sent subpoenas for records only on 9/06/13 for a return date of 9/16/13. Don't I have to answer before discovery can begin?
This is not the initiation of a new case, which is when discovery cannot begin until an appearance is filed. The return on the subpoena, while not long, is proper.
The "no action for 30 days rule" applies to new cases only. Since the person who was just served with summons has 30 days appear, it would be inappropriate to jump the gun during the 30 days.
Except that this is not a new case and so the 30 day requirement does not apply here.
In reading my answer again, I agree I was unclear. I know that a post-judgment case is not a new case. I assumed that that everyone knew that summonses were only used in new cases, and that 99% of all post-judgment cases are started via notices of motion, which are not accompanied by a summons. I caused confusion where none should have existed.
Discovery Subpoena Contempt of court
Post a free question on our public forum.
- or -
Search for lawyers by reviews and ratings.