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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2351
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I have received a Duces Tecum to produce trust documents of

Customer Question

I have received a Duces Tecum to produce trust documents of a trust on which I am a co-trustee and the trial is 7 days from today (this is a conservatorship case). I am not the settlor on the trust. Are the trust documents protected by privilege? Sre they not required to give me enough time to produce it? Also discovery is over
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
You are suppose to have at least 20 days when there is a request for documents as part of the subpoena. If the subpoena is requiring production of documents in addition to an appearance, then you are supposed to receive twenty days. See California Code of Civil Procedure Section 1987(c).
Customer: replied 1 year ago.
Are estate documents protected by privacy rights or would I have had to produce them if I was given 20 days?
Expert:  Damien Bosco replied 1 year ago.
Sometimes you can object if a trust states that it is to remain confidential. Generally, though estate documents are not protected by privacy rights. This does not mean you cannot object for other reasons such as overburdensome to produce or irrelevant. I would need to know more about the case and what is happening to give a more specific answer. If you do not want to produce the documents, you would do a motion to quash the request.
Customer: replied 1 year ago.
The trial is in 7 days and I do not want to do a motion to quash the subpoena as it will only create cause for continuance which I want to avoid. Can I prepare an objection rather than do an Motion? I read the trust document and it does state that the document is to remain confidential. What are my options going forward on this matter and what should I do on the day of the trial?
Expert:  Damien Bosco replied 1 year ago.
I believe either you do not provide the documents and the other side could file a motion for contempt; or you need to file a motion to quash. Objecting to subpoena is to the same as objecting to a discovery request. I believe those are your only two options.

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