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I need a form to quash a motion for testimony related to…

Customer Question
I need a form...

I need a form to quash a motion for testimony related to mental health because the subpoena was served without appropriate language and without a court order

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

Illinois

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

No

Submitted: 9 months ago.Category: Family Law
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Answered in 12 minutes by:
12/13/2017
Family Lawyer: RayAnswers, Lawyer replied 9 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,586
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 9 months ago

Here is sample motion to quash here to quash the subpoena and evidence.This will walk you though drafting and filing it.Send copy to other side after you file original here.

https://www.illinoislegalaid.org/legal-information/motion-quash

Thanks and thanks for raring 5 stars.Good luck to you.

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Family Lawyer: RayAnswers, Lawyer replied 9 months ago

A Motion to Quash evidence asks a judge to suppress a piece of evidence because there is a problem with it. If the motion is granted, the evidence can’t be used in court. A Motion to Quash evidence is typically used in a criminal case and often called a “Motion to Suppress Evidence.” Some examples of when a Motion to Quash evidence can be used:

  • The chain of custody was broken;
  • The evidence is confidential or highly prejudicial; or
  • The evidence was tampered with.
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Customer reply replied 9 months ago
The subpoena, however, is related to a parent(s) of a child who had been adjudicated and is in relation to a juvenile court proceeding, should I comply then?
Family Lawyer: RayAnswers, Lawyer replied 9 months ago

You can go either way here provide it or file a motion to quash.The court would then have to decide if you want to contest it here.But legally if you have a subpoena it is issued by a court and you would be able to provide the records on that basis.

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Customer reply replied 9 months ago
It was not a court order but signed by a circuit clerk and did not have required language per the mental health disabilities act
Family Lawyer: RayAnswers, Lawyer replied 9 months ago

So here the safe play is to produce the records to the court for inspection and advise the other side that you did that because of the problems with subpoena.You cannot go wrong that way have court review them and decide whether they can be released.Consider that option. You can hand deliver them to court with a cover letter expressing your concerns about releasing them and asking court to review them and decide the matter and issue orders.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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