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1/22/2020 12:12:56 PM
Posted: 9/12/2009 1:34:01 PM EST
[Last Edit: 9/12/2009 2:54:02 PM EST by ikickhippies]
So can a private law firm handling...... Let's say a divorce succesfully subpoena sales records from a gun shop? If this was the DA's office then I wouldn't even question it.

I know any of them can subpoena anything. I'm asking what are the odds of a private business just saying no and nothing proceeding further?
Link Posted: 9/12/2009 2:51:53 PM EST
I thought a real subpoena had to come from the government.

Subpoena from a private party in arbitration = worthless.

I've been deposed a couple dozen times. If you do have to submit data or answer questions watch the training videos online first.
Link Posted: 9/12/2009 4:04:12 PM EST
I know my lawyer told me not to answer some things my wife's attorney tried to ask for in discovery. Since your records are tax records, they probably need a judge to approve a subpeona before you would need to comply, but I'm NOT a lawyer.
Link Posted: 9/12/2009 4:11:59 PM EST
Did the clerk of court sign the subpoena
Link Posted: 9/13/2009 7:58:56 AM EST
A subpoena duces tecum has to order the documents brought to a specific court date. When you are before the judge with the documents you can explain any privileges you may have. I've handed people a subpoena before and when they did not show up have them arrested over labor day weekend and sit for 72 hours before the judge was available to hear why they chose not to come. There are ways to abuse the subpoena power, but if it is reasonably directed to discover admissible information, it's allowed.
Link Posted: 9/13/2009 8:38:43 AM EST
My understanding is that the paperwork leading up to the issue of a subpoena carries little legal weight until it gets signed off on. Then it becomes an instrument of the court and it matters not where it originated, gummint lawyer, ambulance chaser, or three blind witches living in a hollow tree, violating it carries the same consequences.
Link Posted: 9/13/2009 11:36:25 AM EST
If its from my wife just ignore it.

Deny, Deny, Deny
Link Posted: 9/16/2009 1:12:01 PM EST
They important thing is to make sure it is an offical court document. If not ignore it, it has no merit. I have seen lawyers write up official looking documents to gain information in order to build a case. Remember to keep your mouth shut and only speak thru your lawyer. If the pawn shop is INcorporated doesn't that stand alone different from personal income?
Link Posted: 9/16/2009 7:13:57 PM EST
First off I am not a lawyer and this is not legal advice.

However as a law student I work for a firm that does mostly divorce law. The power of the subpeona is great. I subpeona places all the time to figure out what someone bought. Example I spent months to figure out that a guy bought a $7 drink at a marriot when he went to see some chick. I was suprised to learn that i can subpeona and get a thrid partry's phone records. If you are concerned about folks getting your stuff, or about revealing information then you should consult an attorny.
Link Posted: 9/17/2009 4:04:07 AM EST
File a motion to quash ahead of the date of production if you have a basis for doing so. You probably need to hire an attorney.

Is this actually for producing the documents at a trial? I ask because people misuse subpoenas all the time to try and get documents in a situation in which a request for documents to a non-party is appropriate. I noticed only DKIng mentioned something about a judge (he is a lawyer, so a subpoena to him meant court).

I am not giving any opinions on whether you must produce the documents or have a basis to fight it, but ignoring it is not a very good option.
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