Legal Question in Family Law in Massachusetts
In another attempt at harassment, my soon to be ex, through his attorney, has filed a subpoena ordering my email provider to turn over every piece of email for the past 6 months. It's my understanding that in Massachusetts, because our divorce trial has already been heard and is pending (trial in March we are still awaiting final decision), the lawyer has no power of subpoena. Plus, how can they just ask for all my email correspondence with out giving any specifics of what they are looking for? Should I file a motion to quash (I have been pro se in divorce)
2 Answers from Attorneys
Yes, you should file a Motion to quash based on it being a fishing expedition as the trial is over.
You ask "how can they just ask for all my email correspondence with out giving any specifics of what they are looking for?"
Someone would have to sift through all of this material. Surely you don't expect the e-mail provider to do that, do you?
I agree with Mr. Roth. File the motion to quash.
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