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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18137
Experience:  B.A.; M.B.A.; J.D.
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I may be subpoenaed in my girlfriends divorce case by her

Customer Question

I may be subpoenaed in my girlfriend's divorce case by her soon to be ex's attorney. I just started a new job and don't want to jeopardize it or lose wages by missing work. Can I move to quash the subpoena and will that hurt her case.I live in New Orleans, LA.
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



I may be subpoenaed in my girlfriend's divorce case by her soon to be ex's attorney. I just started a new job and don't want to jeopardize it or lose wages by missing work. Can I move to quash the subpoena and will that hurt her case.I live in New Orleans, LA.



Response: You can move to quash the subpoena. However, that does not mean your Motion would be granted by the Court. The Court would schedule a hearing on your Motion. So, if you were trying not to miss work, you would miss work to go to the hearing on your Motion to Squash. If the Court grants your Motion, then you would not show up again in the case. Otherwise, you would now show up for two hearings instead of one if you had not challenged the subpoena.

Your Motion to Quash would not hurt her case. This is a Motion in front of the Judge and not the Jury. If the Court finds that your testimony is needed, the Court would deny your Motion to Quash and you must then appear to testify in the case, but if the Judge finds that your testimony is not needed, then the Court would grant your Motion to Quash and you would not appear to testify in the case. Either way your girlfriend would not be hurt by your Motion because you are entitled to exercise your right and the Court would not hold the Motion against your girlfriend.

Expert:  Phillips Esq. replied 3 years ago.

I see that you have given me a negative rating for giving you the correct information albeit not what you wanted to hear. May I ask why you did so?

I specifically answered the question that you asked.

 

Is there anything else that you wanted to hear that I did not address?