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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My name is ***** *****... My husband and I have just been

Customer Question

My name is ***** *****... My husband and I have just been served (separately) subpoenas to testify in a divorce/restraining order situation in Tennessee w/ just 5 business days' notice. We both are scheduled to be out of town that week and can prove this. According to TRCP45.01, we can each file a "motion to quash/modify." Could you tell me how to go about doing this? Thank you, ***** *****!
JA: Thanks. Can you give me any more details about your issue?
Customer: We were neighbors. Following divorce, I remained friends w/ wife who took out restraining order of zero contact on Ex. We haven't spoken to the EX in 4+ years. It is he who had us served. Although the restraining order has done great things, the ex-wife is certainly not w/o fault. Anything we would say would be "harmful" to both people.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

In order to object to appearing as required by the subpoena, you will have to file a motion to quash. In order to do so, you would copy the heading on the subpoena with the court name and case caption and under that you title it "Motion to Quash". In the body of the document, you would explain the reasons for wanting the subpoena quashed and any law supporting your reasons, sign the motion and provide your contact information, then have a section titled "certificate of service" and put the date and name of the opposing party/parties you have sent a copy of the motion to and sign that. File your original motion with the clerk of the court that issued the subpoena, get the clerk to stamp a copy as your proof of filing and mail another copy to the opposing party.

Expert:  Roger replied 1 year ago.

There are several sample motions online like this one:

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