Legal Question in Family Law in Massachusetts
thrid party subpeona
I have been subpeoned as a third party to my wife's and her ex's custody case.. her ex's lawyer wants 30 items turned over or at disposal for deposition. This includes my military records, mlitary health records, financial information and log and diaries about my wife as well as judgements made against me or litigation I am in. What must I turn over, if anything. -And what is priveledged?
3 Answers from Attorneys
Re: Third party subpeona
Depending on what is requested, you are probably looking at alot of privileged documents. You could move to "quash" the subpoena, or assert privilege(s) but I could not tell you which ones until I saw what was requested and what is, in fact, available.
Re: thrid party subpeona
This is a difficult question to answer without facts, and facts should be provided in a privileged context. You should engage a separate attorney and seek a protective order if you believe the subpoena is over-broad.
Clearly, though, the attorney is looking for dirt under the clean carpet. If there is no such dirt, your separate lawyer and your wife's lawyer might agree that you should be the most smilingly cooperative guy in the world. If there -is- dirt, and it is the sort of dirt that means that the father of the children has legitimate concerns, it is likely to come out through this deposition or in other ways.
again, I suggest that you consult an attorney separate from your wife's in order to determine the best course of action.
Re: thrid party subpeona
You should seek the confidential counsel of your own attorney separate from your wife's attorney as to filing a motion for a protective order if the subpoena is too broad in light of the specfic facts involved. Good Luck!