Legal Question in Family Law in Maryland
Going through the divorce process...have a Pendente Lite hearing on Monday (11/14)...yesterday I was served with a subpoena for literally 33 items such as bank statements, paystubs, credit card statements...dating back for either 3 to 5 years...this seems ridiculous on such short notice and unnecessary to the case...can I request that the subpoena be dismissed? can I request more time if I am unable to gather all these documents by Monday?
1 Answer from Attorneys
Do the best you can. The court will generally not postpone a PL hearing for such a reason, nor will they dismiss or quash a subpoena. For a PL hearing, the issues are typically temporary custody, child support and alimony. Your current income is what the other side is likely after. In some cases, if a person is self-employed and does not have regular pay stubs, it is necessary to establish income in other ways, such as looking at tax returns, bank deposits, etc.
The subpoena rule states that subpoenas should be served at least 5 days prior to the hearing, but there is no absolute deadline. Gather as much information as you can. The courts are aware that many of these types of documents are available online these days.
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