Good morning. I'll be assisting you with your question.
There are a few things you can do to get the subpoena quashed, but arguing that it is an invasion of your privacy is not one of those reasons. Bank records are subpoeaned in tens of thousands of cases across the country every year. It's just part of the litigation process.
The key thing you will have to show to get the subpoena quashed is that the information sought is unlikely to be relevant to the case or that it is so broad that it encompasses information not relevant.
that's fine, but I need someone that can help with Illinois law and there is something in the Illinois Constitution that refers to right to privacy
As far as the form goes, below is a website that will give you step by step instructions and several sample forms that you can use. I've looked at these, and they are legally sufficient, so you won't get them thrown out on procedural grounds.
I've already looked at that site before, and that refers to California law
It does refer to a person's right to privacy in section 6 (http://www.ilga.gov/commission/lrb/con1.htm), but that is a right to privacy from government intervention. This is a family proceeding related to private parties.
no, mine is a civil proceeding - me against a law firm for a bank
I understand, but I've looked at them and they would still work (taking out the California specific language). These types of proceedings are similar in almost every state. Nevertheless, here is a site providing Illinois specific forms: http://www.gobookee.net/sample-motion-to-quash-arrest-in-illinois/
I'm sorry, I assumed this was a divorce situation since this was posted in the family law section of Just Answer.
Still, if it is a civil proceeding, your constitutional right to privacy will not be a sufficient ground to seek to have the subpoena quashed.
and what can I stand on to protect my Constitutional right to privacy?
Also, here is the statute that refers to motions to quash:
When it comes to issuing a subpoena for bank records that are relevant to a civil proceeding to which you are a party, you don't have a right to privacy.
I don't say that to be discouraging, but I have to be honest with you regarding the law. This is done literally tens of thousands of times a year in criminal and civil cases.
This is just part of the litigation process.
That's not to say that you can't make the argument to a judge that this is violating your privacy rights, but you should not expect to win.
but they are asking for all accounts that I am tied to, including my mother's, which has no relevance in this case what so ever
OK. Relevance is something you can argue.
If you can show the judge that your mother's bank accounts are not relevant to the case, you can get them quashed. The statute I cited above refers to a party seeking a motion to quash needing to show "good cause." A lack of relevance would be good cause.
Relevance is a good argument. Right to privacy is not.
So, use one of the forms I provided you and argue that the records they are seeking are not relevant to the case. At that point it is up to the judge, but you will be following procedure and making your best argument.
and what are the Illinois laws that have to be cited?
Cite this. It refers to quashing a subpoena for good cause: http://codes.lp.findlaw.com/ilstatutes/735/5/II/2-1101
so there's nothing to uphold my Constitutional rights in a court? That's pretty sad...
Courts have held that the issuance of bank subpoenas relevant to a case do not violate the person's rights. That said, I agree with you, but the law it is what it is.
and the IL laws that you sent refer to payment for records?
Not specifically, but overly burdensome costs would fall under "good cause."
Do you have any questions?
so there's not a law or statute that refers to " good cause " specifically? The lawyer for the bank was defeated in a motion for summary judgement, so she's trying to hammer me with paperwork and billable hours to the bank- I need to be COMPLETELY THOROUGH when dealing with her
Read the statute I've provided you. It specifically references "good cause."
"For good cause shown, the court on motion may quash or modify any subpoena or, in the case of a subpoena duces tecum, condition the denial of the motion upon payment in advance by the person in whose behalf the subpoena is issued of the reasonable expense of producing any item therein specified."
ok- and the proper format? Again, she will hit me with procedure
Use one of the forms I provided above. They will provide you proper procedure.
I will try to put it together. When I do , will you be available later to review it?
Sure. Just post another question to my profile (below). If I can't do anything else for you now, please remember to "rate" my answer before you go.
and if I present it in court tomorrow, can the judge accept it? Or can the lawyer argue that it was improperly noticed since I'm not sending it to them in advance?
You have to serve it on the other attorney. You won't be able to just give it to the judge and have a hearing on it right then. But, you can serve it on the other attorney in court and have a hearing another day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).