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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Hello, I would like to know how to squash a legal summons for

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Hello, I would like to know how to squash a legal summons for my medical records in a divorce proceeding. Thank You
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
You would file a "Motion to Quash" which is a motion telling the court that the subpoena should not be honored because of some legitimate reason. For your medical records you have to argue that there is nothing in those records that is relevant to the matter being heard by the court and you would ask the court to examine those records "in camera" to see for themselves that there is nothing relevant in them nor would they lead to anything relevant and they are only being sought for the purpose to embarrass, annoy or harass you. You need to be also ready to file a second motion if they deny the motion to quash, which is a Motion for Protective Order, which states that in the event the court refuses to quash the subpoena you request they issue a protective order which prevents the other party from releasing or using the records for any manner other than in the divorce.

You would get the copy of these motions to follow from the form books at your court library from the librarian. Here is also a sample of a Motion to Quash for you to see, SAMPLE Motion to Quash. If the court denies the first motion, then in court you immediately file the motion for protective order for the records.


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