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I was recently served with a subpoena duces tecum to produce…

Customer Question
I was recently served...

I was recently served with a subpoena duces tecum to produce my son in a court hearing. Is there a recommended way to prepare for this? Is there any way to challenge this subponea?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I was already awarded custody of my son, and his mother is deceased. His grandmother is serving the subpoena.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

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

No, but I'm uncertain of how to proceed.

Submitted: 2 months ago.Category: Family Law
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Answered in 22 minutes by:
5/25/2018
Family Lawyer: Bill Attorney, Lawyer replied 2 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,796
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your civil procedure question today. I'm attorney Bill assisting you with this matter. A subpoena is a court order and failure to comply with the same would put you in contempt of the court.

Your options are a. comply with the order; b. file a motion with the court to quash the subpoena based upon it being frivolous , overly burdensome , and/or not relevant to the proceedings.

If you choose to oppose the subpoena the motion needs to be filed as soon as possible typically 20 days.

If you have a copy of the subpoena you can send a copy here through to me for review just let me know.

This would be an additional service that I can make available.

In relation to my answer please follow up as required.

In return remember to rate my answer positively today as this is how I get a credit for my time and assistance to you.

You do this by rating 5*****, 4**** or accept.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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