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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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Once sent out, can a subpoena to a bank be revised so as not

Customer Question

Once sent out, can a subpoena to a bank be revised so as not to include copies of a redundant nature?
Submitted: 17 days ago.
Category: Business Law
Expert:  KJLLAW replied 17 days ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Yes you can amend a Subpoena, even if some of the requests are redundant or duplicative. But it must indicate that it is amended on the top of the Subpoena. If the Subpoena was issued by a court, then only the court can amend the Subpoena.

I hope this helps. It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJLLAW replied 17 days ago.

@

Customer: replied 17 days ago.
Glad for the answer- need info on process to amend- please call
Customer: replied 17 days ago.
My lawyer sent out a different subpoena than I reviewed to a bank which will greatly increase the fees- when I asked her to amend it, I was told not possible- already went out
Expert:  KJLLAW replied 17 days ago.

She is more than likely charging you additional fees for the additional work and the time spent amending the subpoena.

Customer: replied 17 days ago.
You did not answer the question- does she have to file an amended subpoena with the court, and is it possible to do so? Was the information about not being able to amend the subpoena false?
Customer: replied 17 days ago.
I had previously asked for a call- don't know if I was charged
Customer: replied 17 days ago.
Please respond sooner
Expert:  socrateaser replied 17 days ago.

Hello,

Different contributor here. The original contributor has exited the conversation. Please permit me to assist.

1. There is no standardized legal procedure for the requesting party to cancel, amend, withdraw, retract, limit, etc., a subpoena. However, as any valid subpoena is always a burden on the subpoenaed party, an attorney, can simply call the party subject to the subpoena, and tell them to ignore the document, as it was sent out in error. A follow-up letter confirming this would be sufficient to permit the subpoenaed party to rely on the letter withdrawing the subpoena.

2. The letter could also state that the subpoenaed party may ignore various sections of the subpoena, as a means of limiting the required production.

3. Nothing need be filed with the court in order to remedy this matter. Undoubtedly, your attorney either wants the subpoenaed materials, even if you do not, or she believes that the cost of limiting the subpoena's requirements will be as much as the cost of dealing with the documents produced as a result.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 17 days ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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