I am looking for a template on how to produce a Motion to Quash Subpoena and whatever other documents go along with the process. My husband received a subpoena for our cell phone records from the attorney representing his ex-wife in a California case to modify visitation and child support. The subpoena came with no explanation as to why the records are being sought. My thoughts are to quash it on the basis of being overly broad, lacks merit, violates constitutional right to privacy. I've just never done one before...
Country relating to Question: United States
State (if USA): California
Have attempted to retain an attorney, but are unable due to local conflicts in the case, and have been searching online for an appropriate example of a Motion to Quash, but not finding anything that seems right.
Here is a link to a motion to quash. It's not a family law motion, but the language will work, as long as you use Judicial Council Form FL-301 as the cover page, instead of the plain-paper notice of motion found on page 2 of the sample. Let me know if you have specific questions about putting this together.Note: I'm not taking a position here on the substance of your objection. I'm just trying to assist with the process. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!socrateaser41092.2809884259
Very helpful, thank you! I did 15 years of my own family law case while my children were growing up, and did okay, partly because we were both working In Pro Per. Now, my current husband is facing a legally well-heeled attorney, so I am encountering all sorts of new things I've not had to prepare before (like subpoenas).
Thank you again for your answer!
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