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Roger, Attorney
Category: Legal
Satisfied Customers: 31735
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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if a third party is served properly from a NJ Court(matrimonial)

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if a third party is served properly from a NJ Court(matrimonial) with a subpoea to appear in third party's jurisdiction(Manhattan) for a deposition and produce documents duces tecum in 10 days, is the filing of a motion to quash not by third party but by party defendant in the action for a hearing three weeks from now automatic to prevent the deposition and production going forward in three days without any Court order preventing it?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

I see no answer yet just a thks for the question.

Kirk Adams : Sorry - I lost my connection for a moment.


Kirk Adams : 3119(e) addresses motions to quash:
Kirk Adams : Application to court.
Kirk Adams : An application to the court for a protective order or to enforce, quash, or modify a subpoena issued under this section must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to beconducted.
Kirk Adams : No, the motion to quash ALONE will not stop the deposition and document production.

so anything filed in NJ has no effect,correct?

Kirk Adams : Instead, the party would also have to file a motion to stay the scheduled proceeding until after the NY court determines the motion to quash.

if motion to stay,if one exists,was filed but not acted upon doesn't deposition go forward?

Kirk Adams : Unless there's a court order stopping the deposition, it would go forward. The parties would have to appear per the subpoena.
Kirk Adams : You could appear under protest, but the apearance would still have to happen.
Kirk Adams : The best thing is to file the motion and request an EMERGENCY hearing on the matter.
Kirk Adams : There is time to have an emergency hearing before the scheduled deposition/document production.
Kirk Adams : So, the act of filing the motion will not stop the requirement to appear.

thank you.I am the party wanting the deposition to go the best of my knowledge no such emergency motion has been made.You have been very helpful.Are you admitted in NJ?

Kirk Adams : Sure. Glad to help.
Kirk Adams : THANK YOU for allowing me to assist, and if you have any additional questions, please don't hesitate to ask.
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