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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111685
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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1) On an ex parte restraining order (against me) - I was

Customer Question

1) On an ex parte restraining order (against me) - I was told by the court clerk's office when I called that we cannot request the motion for continuance - the other attorney has to do it - and only her, not our side. The claim they filed is an ex parte
restraining order against me. Does that sound correct or should I still be able to file the motion? Also, I contacted opposing counsel and asked her to file a continuance so we can try to settle. If I don't get a response within 2 days (EOD Monday) is my next
step best to call her or drop off the email in person so they cannot deny that they got it? (2) They subpoena'd my tax returns and pay stubs. I have no income during that time but my tax return has my husband's income. Are we still required to submit tax returns
if I have no income on there and it is all my current husband's information only? (3) How do we do a reverse subpoena of the same (make sure his records are there) - just copy her form and file with the clerk's office? I was served - can I just drop it off
at her office instead of having to pay someone to serve it? (4) How do we require a witness be there (my daughter) that I don' t have any control over right now? I'm assuming it's a request we send them but how and on what form or method?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is correct, an ex parte order is one that can be granted without the other party being present. The other party is given notice, which is short, and if they cannot make the hearing the TEMPORARY order is issued and then later another full hearing is scheduled. If you do not show up, a temporary order will be entered and then a hearing will be set for the order where you can appear with your attorney and witnesses and present your case for the court to consider removing the temporary injunction.

So you cannot file the motion to continue the ex parte, you have to wait for the hearing to be scheduled.

2) You must submit your tax returns, even though you had no income, and your husband's income is not considered, it is excluded from consideration for any support calculations.

3) You can get a blank subpoena from the clerk's office and fill it out and go to the clerk and have the clerk issue the new subpoena for the information you are seeking from the other party. You would have to get a disinterested party over 18 to serve the subpoena on the other party (or their attorney if the attorney has agreed to accept service).

4) You need to obtain a subpoena from the clerk's office for your daughter and have to serve it on your daughter's guardian if your daughter is a minor. Once served then they must appear unless the other party objects and then there would be a hearing on whether or not she needs to appear.

The subpoena for documents and for a witness are essentially the same subpoena form. The clerk of court's office is supposed to have blank subpoena documents.