Legal Question in Family Law in California
Hello. I filed a motion to quash a subpoena for school records and had the motion served timely upon all parties. The subpoenaed party still produced the records and produced the records days in advance prior to the production date. What recourse are available to recover those documents from the opposing side and or suppress that evidence. Would this evidence be considered illegally obtained because they were produced outside of a Court's order?
PS...Anthony Allen Roach - Bar Number: 236050 ---- KEEP YOUR ASININE ANSWERS TO YOURSELF. KEEP MOVING, YOU'RE OBVIOUSLY NOT INTERESTED IN HELPING ANYONE. PLEASE REMEMBER BECAUSE YOU'VE OBVIOUSLY FORGOTTEN OR JUST DIDN'T CARE TO BEGIN WITH THAT PEOPLE COME HERE FOR HELP NOT FOR SMART-MOUTHED RESPONSES. THANKS!
Address: 9909 Topanga Canyon Blvd # 313
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1 Answer from Attorneys
Believe it or not, much of the way the law actually operates involves a "no harm - no foul" approach to such things. So the starting point to your situation is whether you would have prevailed on the motion to quash in the first place. Considering you have posted under Family Law, and considering both parents are entitled to school records, I am unable to come up with a reason why a motion to quash would possibly be granted.
IF somehow you have grounds actually to quash the subpoena, the recourse is to go to court on an ex parte motion to have the documents returned, or delivered to the court under seal, pending a final decision on the motion to quash.
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