Legal Question in Family Law in Illinois
Out of state subpoena
I am currently involved in post-divorce litigation in New Jersey, where I was divorced 4 years ago. I am re-married and live in Illinois with my second wife. We have a prenuptial agreement and keep all our assets, records, separate. My ex wife's lawyer has sent my current wife an extensive subpoena ordering her to appear in their offices in NJ with all her financial records, tax returns, etc. Can they do that? How should I respond, this seems like pure harassment/prying.
2 Answers from Attorneys
Re: Out of state subpoena
They can ask - they just may not get! For them to get jurisdiction, the subpoena needs to go through a court in your jurisdiction. Even, if they get the jurisdiction, it would have to be info that is pertinent to the issues that are at question - if one issue is your current financial state, then yes, she may have to give the info.
Re: Out of state subpoena
Illinois Supreme Court Rule 204(b) provides; �Action Pending in Another State, Territory, or Country. Any officer or person authorized by the laws of another State, territory, or county to take any deposition in this State, with or without a commission, in any action pending in a court of that State, territory, or country may petition the circuit court in the county in which the deponent resides or is employed or transacts business in person or is found for a subpoena to compel the appearance of the deponent or for an order to compel the giving of testimony by the deponent. The court may hear and act upon the petition with or without notice as the court directs.�
Briefly stated, the rule means that the New Jersey subpoena is not enforceable in this state except through a �petition [in] the circuit court in the county in which the deponent resides or is employed or transacts business in person or is found.�
With regard to the other point � that this seems like harassment/prying � you can move to quash the subpoena. However, be aware that the financial condition of your current spouse and her financial relationship with you is plainly probative of your financial condition.