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John
John, Attorney
Category: Legal
Satisfied Customers: 2719
Experience:  Licensed and practicing attorney.
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I was reading the answer you gave in regards XXXXX XXXXX

Customer Question

I was reading the answer you gave in regards XXXXX XXXXX records. You said that couldn't be done until a suit was filed. If I file a lawsuit does that mean I can subpoena records and testimony from witnesses? I want to file a malicious intent case and these records are paramount to proving the case. Thank you for your time.
Submitted: 9 months ago.
Category: Legal
Expert:  John replied 9 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
Yes you are correct that when you file a lawsuit you can subpoena documents, testimony and written answers to questions under the authority of the court. See Generally the Tenn. Rules of Civil Procedure Rules 26 - 37.

You don't necessarily need a lawyer to file this lawsuit but it would certainly help you through the process. If you'd like further guidance on filing a potential lawsuit, let me know what questions you may have. I'm happy to help.


I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 9 months ago.
Where do I begin in regards XXXXX XXXXX the process? What type of an attorney do I speak with. I am totally lost here. We've been battling her since December 2012. She launched an attack on me through the legal system like you wouldn't believe. She had a coworker lie under oath in order to obtain an OOP. I was never ever near my fiances ex wife. Her co worker stated I came to their place of business and that she came outside to find me having an altercation with the ex. To top it off, this co worker, after being instructed by the judge to not talk about the case while awaiting her turn to testify, told the detective in the case that she never went outside. I don't think she was even there, so I want to subpoena time records from her employer. Please can you point me in the right direction? And this is just the crap she's done to me. She's now dragging my fiancé, her ex husband, through the wringer over things she had no merit
Expert:  John replied 9 months ago.
Hi, Jennifer,

What you've described is what can be classified as the personal injury of "abuse of process". Generally, people are allowed to avail themselves to the remedies available in court. However there is a point where claims become so outrageous and unfounded that the defendant can bring a counter claim for "abuse of process". "The test as to whether process has been abused is 'whether the process has been used to accomplish some end which is without the regular purview of the process, or which compels the party against whom it is used to do some collateral thing which he could not legally and regularly be compelled to do. In its most basic sense, therefore, an action for abuse of process is intended to prevent parties from using litigation to pursue objectives other than those claimed in the suit, such as using a court's process as a weapon 'to compel [another party] to pay a different debt or to take some action or refrain from it. It is the use of process to obtain this 'collateral goal'-a result that the process itself was not intended to obtain-that is the very heart of this tort. The essential question to be answered concerning the present claim, therefore, is whether the use of process to discourage the other party from continuing the litigation is a sufficiently 'collateral goal' to give rise to liability.'"

What this all means is that you can have a claim against this person if you can show this litigation is for some 1) unfounded/untrue reason (i.e., you show the claim is frivolous) and 2) for the reason to harass you. I fear that unless you fight her back, this will occur into the indefinite future.

You should look for a genera litigation attorney in your area to pursue this. The problem you are going to have is you'll have to pay an hourly rate to sue her, using an attorney; that's costly and out of the budget for most people - litigation is expensive. And, the second problem - even if you win against her and get a money damages/judgment - is there anything you can actually collect from her to recoup your costs? These are the practical problems you are going to have in this matter.

This, is the best I can advise at this point - you'll need to decide to 1) sue or not to sue her for abuse of process, and 2) get a lawyer or attempt to represent yourself.

Hope this helps. Let me know if I can be of further assistance. Thanks
John, Attorney
Category: Legal
Satisfied Customers: 2719
Experience: Licensed and practicing attorney.
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Customer: replied 9 months ago.
One more question. How much time will I have to prepare my case once I file the lawsuit. When she took me to court for the OOP, I had no idea if it. I Was never served any papers about it and I had a week to prepare. It was nothing short of a circus.
Expert:  John replied 9 months ago.
Generally a civil case of this nature would be expected to last about a year. You'd have about 5 months in which you could do "discovery" and collect evidence to prove your matter. Then a few months for motions and preparation for trial, then, finally the trial...so bout a year.

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