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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111686
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am looking for a form to quash a subpoena in Mass. My ex

Customer Question

Hello,
JA: Hi. What seems to be the problem?
Customer: I am looking for a form to quash a subpoena in Mass. My ex wife had my mother served with a subpoena to arrive in court and provide her banking information. My mother takes care if my elderl father each day and does not want to go. She thinks I have hidden sales commissions I have made somehow and wants to use this to not fulfill our divorce agreement and buy me our of the marital home
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: They filed a subpoena and my mother received it. We have a court date for a hearing late October
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it
Submitted: 2 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The courts don't put free forms online for something like this. Motions to Quash are rarely used, and courts don't really want to encourage people to file them in response to every discovery request, which is a danger if anyone could download the form, fill it out, and file it. I did find a site that will sell you a template for $18.00, if you're interested. However, I've found a sample motion that might be helpful. Be sure to look at the Certificate of Service at the end, because you'll need that.

http://www.town.duxbury.ma.us/Public_Documents/DuxburyMA_TownMan/nh/pleadings/5.pdf

This one was filed in federal court, so you wouldn't use the law from it, but it can help to see formatting.

http://www.steptoe.com/publications/263a.pdf

Look carefully at Superior Court Rule 9A. If this particular motion is not filed as an Emergency Motion, you must send it to the other party before filing, wait for the response, and file both the motion and the response together. But if you frame the motion as an emergency (as the first example does), that's not required.

Massachusetts also has an extensive law library system. You can visit the law library for the county where your case is located, and they will have books on how to quash subpoenas. Those books will have forms that you can copy and use to create your own motion.

http://www.mass.gov/courts/case-legal-res/law-lib/

This document also has some helpful information on motions to quash.

www.suffolk.edu/documents/LawMCP/Ch13Summons.pdf

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 2 months ago.
I have already answered discovery for the case. The case involves me and my ex wife and her trying to more money from me. She has subpoenaed my mother for her time and banking information. At any rate when I googled motion to quash this site came up and another attorney had written one out for someone but was for Texas. That attorney supplied the person with a pretty decent form. I'm not sure if you searched if you could find it on this very site but that is what I am looking for. Someone to do the same thing for me and my circumstance.
Expert:  Lucy, Esq. replied 2 months ago.

I apologize that your question did not state that's what you wanted. Most experts do not do what you're requesting. I'll opt out. Next time, if you can clearly state your expectations, it will save everyone some time.

Have a good day.

Expert:  Law Educator, Esq. replied 2 months 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.
I am afraid your previous expert opted out, but was entirely correct, what you are looking for is representation as under MA law (and yes I am a MA attorney) no attorney can provide you with a ghost written (attorney prepared form for you to file pro se) motion. What the previous expert provided you was the most any attorney can legally provide you without representing you. I am sorry if you had any confusion about that, but the prior expert did provide you with the copy of a proper MA motion to quash for you to write your own motion and some helpful links to assist you. If you need more than that I am sorry to say you need to hire local representation near you. thank you for understanding.

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