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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've been subpoenaed to provide "Bank Statements" case in

Customer Question

I've been subpoenaed to provide "Bank Statements" for a case in which I am a non-party. Maine law requires 14 days notice for a document subpoena, Me.R.Civ.P 45(b)(i). I was given the subpoena around 8pm on Friday, 11/19. Documents required by Monday 11/30. I can't get the documents to them in this time frame. I'd rather the atty just subpoena the bank directly. Can I call the attorney to request this or do I need to file a motion a quash based on Me.R.Civ.P 45(c)(3)(A)(i). (Inevitably the judge will just modify the subpoena since these documents are needed.)
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.
The courts require parties be reasonable in discovery, so your first step is to contact the attorney and negotiate getting more time to respond and if the attorney agrees, you follow up that conversation with a letter to the attorney summarizing and confirming that agreement or summarizing the denial and stating you made good faith effort to resolve the discovery dispute. That must be done first and if the attorney does refuse to give more time, then you file a motion for extension on the subpoena, because the court is not going to quash the subpoena for not giving enough days, they will just extend the time to respond.