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Subpoena. Bring all documents? Help?
I got served. It says I need to "produce, at the time and place specified above, the following documents or tangible things: any documentation/recordings you have provided to Family Protective Services." Does this mean emails, monthly reports on the kids', or just paper copy stuff? And can they only take my documents from me if they put me on the stand or do I have to turn them over to the attorney who subpoenaed me? And does this include anything ever, or just since this became a court matter? (The trial is against a family member, kids are involved, and they were in family base living with us for over 6 months before it became a court matter). I want to be helpful, but her attorney is a slimy weazil and I'd rather give the papers to the kids' attorney. Also, can I blacken things out such as my mother's address, social security number,and phone number if it is in the papers and she isn't relevant to the matter? I had to give CPS details of where I planned to vacation and I'd prefer to keep her info out of this.
2 Answers
- MattLv 58 years agoFavorite Answer
I agree with Jaker. You're asking about the requirements for complying with a subpoena and how you can limit the scope of your production. Failing to comply fully could potentially expose you to sanctions or contempt proceedings, which are very serious. This is not the sort of issue for which you should rely on advice solicited from strangers on the internet. The only responsible advice anyone here can give you is to speak with a local attorney.
In response to some of your questions, the subpoena itself often will define its scope (e.g., the time period in question or the type of documents requested). I assume based on your description that the attorney issuing the subpoena is asking for all documents of any kind that you ever have supplied to the local child protective services agency, regardless of the type of document or when you provided it.
Depending on the circumstances of your case and the volume of documents being requested, it's possible that you could file a motion with the court to quash or limit the scope of the subpoena. I have no idea whether doing so will make sense in your case, and that's another issue on which you should consult a lawyer. You almost certainly cannot refuse to produce documents to the attorney who subpoenaed them and instead produce them to some other attorney involved with the case simply because you think that he's unpleasant. Parties to a lawsuit and their attorneys are entitled to obtain relevant materials from non-parties pursuant to valid subpoenas, and unless you have a reason to limit or resist the subpoena through proper channels, you'll have to comply or face the potential punishment.
Redactions of sensitive or irrelevant data often are appropriate, but again, you should speak with a lawyer about that before doing so unilaterally.
- Anonymous8 years ago
You need your own lawyer.