Legal Question in Civil Litigation in Massachusetts
Filing a Motion to Quash a Subpoena
I have received a letter from my Internet Service Provider telling me that they have been given a subpoena my a lawyer seeking my internet information and other private things such as my name and address, in regards to something that was posted on a internet forum site months back.
My internet service provider told me that I could go to my local court and get a ''motion to quash subpoena'' order, and mail it to them and then they would not hand over my info to the attorney who is seeking it.
Can I go down to my courthouse and take care of this myself?
Without a lawyer?
Thanks so much for the help.
Best Regards, Paul
3 Answers from Attorneys
Re: Filing a Motion to Quash a Subpoena
The court won't quash a valid subpoena just because you ask. You have to have solid, legitimate grounds to resist the disclosure, and only a lawyer can maximize your rights and interests here.
Only you know how serious or risky it would be for the information to see the light of day. If you stand to lose something significant, you should talk to a lawyer to assess your chances of successfully fending off negative consequences. (I also note that as a non-lawyer, you may have no idea what the legal consequences of disclosure might be).
If you want to explore this further, and I would recommend it, feel free to contact me. Its worth at least an initial inquiry; you may have more to lose than you think.
Re: Filing a Motion to Quash a Subpoena
There is no court form per se in Massachusetts. The clerks will give you a standard "motion" form, perhaps, but you need to write up the motion. You also need to notify the parties properly and mark it for hearing properly.
You never "need" a lawyer; you have the right to represent yourself. However, you should have one if you are serious about blocking the subpoena, because the issues are nott likely to be clear and easy for a non-expert.
In addition, please note that the courts are in favor of disclosure of information. You are fighting an uphill battle.
: Filing a Motion to Quash a Subpoena
This is a little more complex than it sounds. You need to find if there is an underlying action. You need to get a copy of the subpoena. This will lead you to what to do, and where to do it.
Should you have any questions or need assistance, then contact me.