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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I received a supoena yesterday, by defense counsel in a "tortious

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I received a supoena yesterday, by defense counsel in a "tortious interference with business" case. My retiming will be favorable to the plaintiff. In addition to the depo, they are making a document request for a great deal of information, some of which is highly personal and some of which I have no idea where the documents are. Do I need to file a motion to quash, and if so how long do I have to file it in Virginia? My deposition will be on seven days.
Submitted: 4 years ago.
Category: Legal
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

Please clarify: are you a party to the case or a third-party witness to the case?
Customer: replied 4 years ago.
I'm a fact witness.
Expert:  JB Umphrey replied 4 years ago.
Okay, thank you. That is very helpful.

Now, have you contacted the defense attorney at all to ask for an adjournment?
Customer: replied 4 years ago.
Without me, there is no case.. However, I don't have some of the documents. Others are quite private and u don't want them entered into tbe record.
Expert:  JB Umphrey replied 4 years ago.
I understand. However, my question was different. Have you contacted the defense attorney and asked for an adjournment?
Customer: replied 4 years ago.
I did not. On what grounds would they agree to this?
Expert:  JB Umphrey replied 4 years ago.
Thank you.

If it is your intention to file a motion to quash, that needs to be done and decided BEFORE the scheduled deposition.

So, you may want to contact the attorney who issued to subpoena and ask them if they will adjourn your deposition so that you can have your motion filed and heard.

If the attorney will not grant the request, then you have to file two emergency motions (1) to adjourn the deposition, and (2) to quash the subpoena of the requested documents/materials.

If a court does not issue an order quashing the subpoena, then the requested materials must be produced/when directed. Otherwise, you can be held in contempt of court for not honoring the subpoena.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
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