I need to file a motion to quash a subpoena , subpoena was served yesterday trial is tomorrow
Country relating to Question: United States
State (if USA): Florida
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?
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?
Thank you, XXXXX XXXXX your question greatly, and you are the or a defendant in the case?
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.
Negotiate, Draft, and Review many complex commercial agreements each year.
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).