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What is the proper way to serve a notice of objection to a…

What is the proper...

What is the proper way to serve a notice of objection to a subpoena in South Carolina. I received a demand for documents 4 days from this date as a non-party to the case asking for 6 years of my financial information

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

Sc

Lawyer's Assistant: Have you talked to a lawyer yet?

I commands the documents this Sunday. I have no time to seek protection from the courts prior to the date

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a moving party in a separate civil case against the party serving this subpoena. His case resulted in default and he's attempting to gain access to my finances by using a family case that I am not a party to harass both parties

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Answered in 1 minute by:
9/14/2017
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,227
Experience: Over 30 years of experience.
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Customer reply replied 9 months ago
Also I became aware after the fact that after they had my civil case continued which is in default the very next day they sent out4 subpoenas falsified by naming me as the defendant in a family court case to which I am not requesting financial information about me. I only became aware of the subpoenas after they were fulfilled and after the attorney in the family case provided them to the actual case party as copies. I believe they violated the law and their code of professional conduct. Obviously they did not get enough information from those for secret fraudulent subpeonas

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The proper form of response to this is a Motion to Quash. Here is the information on a Motion to Quash:

Motion to Quash or Modify Subpoena

On timely motion, the court by which a subpoena was issued (or in the case of a subpoena to a non-party, the court of the county where the non-party resides, is employed or transacts business) can quash, modify or place reasonable conditions on the subpoena if it:

Fails to allow reasonable time for compliance. SC RCP 45(c)(3)(A)(i).

Requires, in the case of a deposition or production prior to hearing or trial, a non party to travel more than fifty (50) miles from the county of residence or employment or where that person regularly transacts business in person.SC RCP 45(c)(3)(A)(ii).

Requires the disclosure of privileged or protected information and no waiver applies. SC RCP 45(c)(3)(A)(iii).

Subjects the subpoenaed person to an undue burden. SC RCP 45(c)(3)(A)(iv).

Requires disclosure of a trade secret or other confidential research, development or commercial information. SC RCP 45(c)(3)(B)(i).

Requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party. SC RCP 45(c)(3)(B)(ii).

Requires a non-party to incur substantial travel expense. SC RCP 45(c)(3)(B)(iii).

In the case of motions to quash or modify brought under Section B of Rule 45(c)(3), the court may require the subpoenaing party to show a substantial need for the testimony or material that cannot be otherwise met without undue hardship and make assurances that the person to whom the subpoena is addressed will be reasonably compensated before the testimony can be taken. SC RCP 45(c)(3)(B)(iii).

In addition, since there seems to be a history you may also want to file a Motion for a Protective Order. A protective Order prevents the other party from using the legal process to harass you.

See this link for information on the Protective Order:

http://www.sccourts.org/courtReg/displayRule.cfm?ruleID=26.0&subRuleID=&ruleType=CIV

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 9 months ago
The Demand is due on September 17th which is this Sunday. I don't think this allows me enough time to file the motion and serve them. Can I serve upon them a written objection while the motion is being served to them
Customer reply replied 9 months ago
That was an error let's continue.
Customer reply replied 9 months ago
Let's continue to post this way. The phone call request was an error. My phone went dark and I had to swipe and I hit it by accident

You can file the Motion to Quash and serve them by first class or certified mail. I recommend Certified. Since the date falls on a Sunday it rolls over to Monday.

In any event you can prepare and file the Motion to Quash by tomorrow. It is not that complicated. You have the facts. Here is the format:

Jane Doe, Complainant, v.
John Doe, Respondent

Case No. CL 09-54321
MOTION TO QUASH
Comes now ________ and files this, his motion to quash a subpoena duces tecum which was served on him at the request of the [respondent? complainant?] to be returned on _________ [response date/time as stated on the subpoena]. A copy of this motion is being provided to the attorney [party?] who issued this subpoena.
In support of his motion, _______tates as follows:

[insert relevant identification and circumstances]:

WHEREFORE,________ respectfully ***** ***** the Court enter an order quashing said subpoena duces tecum and that the Court set for hearing, prior to the issuance of any subsequent subpoena duces tecum, the issue of whether or not the material sought to be compelled is privileged or otherwise protected by law.

You can file the Protective Motion later.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 9 months ago
Thank you.

Most people do not realize that the Subpoena is not actually issued by the Court and the Court does not pre approve them. So your opportunity to attack it is the first the Court will be made aware of the substantive issues behind the subpoena.

The Motion to Quash is the only way to do this.

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,227
Experience: Over 30 years of experience.
Verified
Gerald-Esquire and 87 other Family Law Specialists are ready to help you
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Customer reply replied 8 months ago
Gerald- I have another question- My daughter's counsel relived themselves due to $$$$. At the time their were interrogatories pending and now coming due. She still has not received her complete file from her prior attorney. Now that she is in-represented the opposing counsel is being intractable, uncooperative, and threatening to take her to court in she does not answer the interrogatories. She received them on September 29th, The opposing prepared them on September 20th mailed to her attorney, he in turn mailed them to her - she has 30 days to respond, but the other attorney wants to hold her to October 20th.
How can she request a continuance from the Judge to allow her time to get counsel/ advice in order to comply, since opposing is being uncooperative?
Customer reply replied 8 months ago
Can she send a request directly to the Judge who has jurisdiction over the matter. Meanwhile, opposing and their client has not complied with a single request for discovery, or any required documents covered under the court order. They have obstructed for seven months. She wants to file a motion to dismiss his for failure to state claim.
Customer reply replied 8 months ago
Can you recommend someone she could see in the Myrtle beach area for advice and assistance?
Customer reply replied 8 months ago
He is the NCP, and was deemed unfit due to suicidal behaviors. He has a required burden to meet for applying to modify custody. He cannot. He has not disclosed his suicidal behavior to his treating physician, and is obstructing discovery. He is attempting to force an out of court agreement. These interrogatories seem to be asking her to prove her fitness, its like they are trying to shift the burden upon her.

This should be posted as a new question. But here is the information:

1) You can file a Motion for Continuance with the Court. Follow the same format as for the previous Motion but in this you will ask for a continuance for the reasons that you described.

2) You can use this link to help find local counsel:

https://www.lawyer.com/myrtle-beach-lawyer-sc.htm

3) Your perception as to what the attorney is trying to do is correct. They know how to make the process burdensome for unrepresented parties. Your best bet is to find a replacement attorney.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Thank you. I do not to have a hearing on that motion- that can just be decided on the papers addressed to the jurisdictional judge. correct? Thank you for answering me. I really wanted it to be you. How do I request you with a new question so we can chat?

There is no hearing if a matter is decided on the papers. You are correct.

For future questions- just type "For Gerald" at the start of a new question. The other experts should respect that.

If I do not respond right away it is because I am offline. I promise to respond as soon as I can.

Kind regards,

gerald

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Customer reply replied 8 months ago
Thank you.
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