I need to file a motion to quash a subpoena , subpoena was served yesterday trial is tomorrow
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: Nothing
Thank you for the post, I am happy to assist you by answering your questions. What question can I answer for you regarding the motion?
I need a form, and assume my reason to quash is not enough time to consult with an attorney,will they fly with the judge?
Unfortunately a motion to quash is not a form, it is a document that you would have to draft, I can provide a sample, but you would have to modify it to your facts. A motion to quash based on not having enough time to retain counsel is an unusual basis, rather than a motion to quash, persons regularly file a motion to extend the time for a responsive pleading to allow more time to retain counsel. A motion to quash because counsel was not retained is unlikely to be granted.
I thought you had to file a Subpoena at least 5 days before trial is held
I am a bit confused, just so that I am clear, please tell me if this your argument: you want to quash a subpoena on grounds that you have not yet retained counsel, but not the timing of the subpoena?
Correct,
Thank you, XXXXX XXXXX basis to quash a subpoena is not that you have not retained counsel (as the cure for this is to stay the proceedings and afford you more time to retain counsel, but not rule the subpoena). Is this a subpoena to appear or produce documents?
Appear
Thank you, XXXXX XXXXX your question greatly, and you are the or a defendant in the case?
No, witness
ok, why as a witness do you need counsel? I ask because the court will want a sound basis as to why this unusual basis should be accepted. Normally witnesses seek to quash subpoenas on grounds of inconvenience or the unreasonable burden it would be to appear.
The defendant is a friend of mine and without me there is no case,could I show up and plead the fifth,or do you have to explain to the judge why you would do that
Yes, you can appear and plead the fifth. But again, there must be a reasonable basis for doing so, and if you are granted immunity the privilege no longer holds true.
I do not understand your last comment about if I am granted it no longer holds true?
I'm sorry, to be clear, you would be stating that you are not willing to testify on grounds that doing so would incriminate you, in order for this to apply, your Testimony must be able to be used against you in a criminal proceeding. At any rate, in response to your question of whether a motion to quash based on failure to retain counsel when you are not the defendant is unlikely to be acceptable. You would be better served by appearing and pleading the 5th. Please let me know if you have any follow up questions.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.