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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 33073
Experience:  45 years old, retired Marine Officer, current attorney
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Hi My brother is going thru a divorce. Can my sister in

Customer Question

Hi

My brother is going thru a divorce. Can my sister in law supobena my financial records? We do not trust her and want to know our rights in the event she should attempt. We would not object to specific dates and transaction types but not our entire life history..

Thank You

Anthony Tarolli
Submitted: 5 years ago.
Category: General
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Why would your sister in law have a need for your records?
Customer: replied 5 years ago.
Were not certain if she will or not ...allow me to explain...my brother has been depositing cash over the 2.5 years in there account. The money was gift or emergency cash my father gave him when he lost his job. He could not tell his wife because she would want to spend the money on junk. He has used almost all of it for his family and this shows in his transactions. We do not think she will buy this and may want to see my finances as well. Does she have the right? I did wire him several thousand dollars and a cashiers check for 10,000 a couple of years as well to help him out.
Expert:  P. Simmons replied 5 years ago.
She can ask the court to subpoena anything. Now, will the court order "discover" (release of the documet)? That is a separate issue.

She would need to prove that the requested doucments are relevant. That the documents have some relevance to the divorce.

What you describe? I would say yes, that the court would allow an "in-camera" review of your financial records. In camera means that only the judge views the records. The judge would review the records to see if there is any connection. If not, they are then sealed. If there is a connection, the court would release to the parties.

So yes, I would say its possible.

If you want to fight it, you can hire a lawyer to try and "quash" or stop the subpoena

P. Simmons and 52 other General Specialists are ready to help you
Customer: replied 5 years ago.
In your opinion do the cash deposits he has made provide relevancy to subpoena me?
Expert:  P. Simmons replied 5 years ago.
Sure...if she can show that he is giving you money? And can argue that money is marital property? Then you bet the judge will allow her attorney to call you as a witness.

Customer: replied 5 years ago.

no

he hasnt given me any money. Its me that has given him money. So there is no good cause?

Customer: replied 5 years ago.
No he hasnt hid any mony ...ita my father and i that have given him money. So there is no good cause to subpoena?
Expert:  P. Simmons replied 5 years ago.
Same same...if its money into or out of the marriage, the court can hear evidence...and to gain evidence they can subpoena you to come to testify.

The standard for evidence is simple...its relevant if it tends to support or rebut any fact of consequence to the case.