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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What form do I use to file a motion to quash a subpoena for

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What form do I use to file a motion to quash a subpoena for production of documents in Ca

Thank you for your question.

There is no form for use in a motion to quash a subpoena. Is the subpoena directed to you and on what grounds do you wish to quash it?
Customer: replied 4 years ago.

It is directed to my employer for wage documentation.

Grounds...we've been divorced for 5 years. Spousal support was set then. She is attempting to use my raises & bonuses over the last 3 years to offset a reduction in support I will be granted this month due to her finally completing a vocational evaluation that was very favorable to me. I believe she has no right to view my wages.

What you are claiming actually is that she is invading your privacy and the documents she seek are irrelevant. Here is a form I've made for you:

Notice of Motion to Quash Subpoena
COUNTY OF ___________________

______________________ [name]
______________________ [name]
Defendant. )
Case No. ___________________
Date: ___________________
Time: ___________________
Location: ___________________
Judge: ___________________
Date Action Filed: ___________________
[Trial Date: ___________________]

To ___________________[name], plaintiff, and to ___________________[name], his/her attorney of record:

NOTICE IS GIVEN that defendant ___________________[name] appears specially to make this motion only and, so specially appearing, does and will, on ___________________[date], at ___________________[time], or as soon thereafter as the matter may be heard, in [___________________ (Department or Division) ___________________ of] this court, located at ___________________[street address], ___________________[city], move for an order quashing the subpoena on ________________ [employer's name]. The motion will be made on the ground(s) that the requested discovery seeks irrelevant material outside the scope of discovery in this litigation, and seeks documents which if produced would violate the constitutional right to privacy of defendant.

Plaintiff seeks information and documentation from Defendant's employer regarding Defendant's income levels after a divorce in which spousal support has been awarded. Defendant's post divorce income levels are irrelevant to Plaintiff's burden for seeking a modification of spousal support. Accordingly, Defendant requests that Plaintiff's subpoena be quashed.

Date: ___________________.

______________________ [firm name]

______________________ [signature]

______________________ [typed name]

Attorney for Defendant ______________________ [name]
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