Legal Question in Family Law in Georgia

Subpoena

I have been involved with someone getting a divorce. Now, I have been subpoenaed to appear in divorce court. The wife's attorney is requesting copies of a lot of my personal information, income,tax info,life insurance,etc which I feel are none of their business. Do I need to get an attorney to represent me? I don't want to be a ''sitting duck''


Asked on 8/27/03, 1:17 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Subpoena

The wife is probably trying to show that her husband's financial statement overstates his living expenses because you are paying some of what he is claiming. However, your overall state of wealth and income should not be relevant since you are not married.

If you feel the information requested goes beyond what is relevant to the suit, you would need to file a motion to quash the subpoena. This could be done in writing if there is enough time, or in open court the day you are supposed to produce it. Yes, you should get an attorney to file or make this motion. If you decide to try to do it yourself, I think it would not be wise, but just go in and object on irrelevancy and privacy grounds and see what happens. But, be sure to bring the papers, because if the motion is denied, you could be held in contempt if you don't have them. Privacy is not an absolute defense to a subpoena, but it can be considered in the overall picture to be weighed against the relevancy and materiality of the evidence subpoenaed.

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Answered on 8/29/03, 10:22 am


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