Legal Question in Business Law in California

The defendant in a law suit has filed a subpoena against me for some business records by December 15 2009. The plaintiff in the lawsuit has stated that the subpoena is improper, over-broad, seeks privileged information and is procedurally deficient in several ways and that they are filing a motion to quash the subpoena. However. apart from this attorney letter, I have not been served with a motion to quash by the court. Will I be in contempt of court if I do not release my records by the 15th?


Asked on 12/10/09, 12:54 pm

1 Answer from Attorneys

Unless the subpoena was invalid as to YOU in some way, such as not served with sufficient time per the code for your response to be due, or it seeks information you have a right to withhold on your own (such as your own trade secrets), you have to respond unless the other party files and serves their motion. I suggest you contact the attorney who sent you the letter and make sure they are not filing the motion, but if not, you have to comply. Also, if you have a right to withhold documents based on your own rights you still need to respond in writing. Without checking I can't recall if you have to file a motion of your own to quash or if you can file objections, but hey that's what you get for free advice. ;)

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Answered on 12/15/09, 1:15 pm


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