Legal Question in Family Law in California
My ex-husband's attorney obtained my loan documents thru a Subpoena Duces Tecum. I filed a Motion to Quash Subpoena Duces Tecum but our case was transferred to a different courthouse under child support jurisdiction. The judge never gave her ruling on the Motion to Quash and our court date was continued until March of this year. His attorney would have had to re-issue another subpoena thus allowing me to file another Motion to Quash and have the child support judge rule on the matter. I feel that my loan documents were illegally and improperly obtained since no ruling was ever made as our case was continued and transferred to another court house. Am I correct? And how do I go about objecting and retrieving them back?
3 Answers from Attorneys
This complex discovery and civil procedure question requires an experienced family attorney to review your file before rendering a legal opinion.
Normally, a motion to quash a subpoena must be filed prior to production of the documents requested in the subpoena. If you waited until after the documents were produced, your motion to quash was untimely.
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