How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2705
Experience:  Helping you with your legal questions.
Type Your Estate Law Question Here...
Damien Bosco is online now
A new question is answered every 9 seconds

I have received a Duces Tecum to produce trust documents of

Customer Question

I have received a Duces Tecum to produce trust documents of a trust on which I am a co-trustee and the trial is 7 days from today (this is a conservatorship case). I am not the settlor on the trust. Are the trust documents protected by privilege? Sre they not required to give me enough time to produce it? Also discovery is over
Submitted: 2 years ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 years ago.
Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
You are suppose to have at least 20 days when there is a request for documents as part of the subpoena. If the subpoena is requiring production of documents in addition to an appearance, then you are supposed to receive twenty days. See California Code of Civil Procedure Section 1987(c).
Customer: replied 2 years ago.
Are estate documents protected by privacy rights or would I have had to produce them if I was given 20 days?
Expert:  Damien Bosco replied 2 years ago.
Sometimes you can object if a trust states that it is to remain confidential. Generally, though estate documents are not protected by privacy rights. This does not mean you cannot object for other reasons such as overburdensome to produce or irrelevant. I would need to know more about the case and what is happening to give a more specific answer. If you do not want to produce the documents, you would do a motion to quash the request.
Customer: replied 2 years ago.
The trial is in 7 days and I do not want to do a motion to quash the subpoena as it will only create cause for continuance which I want to avoid. Can I prepare an objection rather than do an Motion? I read the trust document and it does state that the document is to remain confidential. What are my options going forward on this matter and what should I do on the day of the trial?
Expert:  Damien Bosco replied 2 years ago.
I believe either you do not provide the documents and the other side could file a motion for contempt; or you need to file a motion to quash. Objecting to subpoena is to the same as objecting to a discovery request. I believe those are your only two options.