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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33752
Experience:  Began practicing law in 1992
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How quickly does it take to get a subpoena? JA: The Lawyer

Customer Question

how quickly does it take to get a subpoena?
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Okay I've been told by my recently separated spouse that he is getting records from a hotel that I stayed at recently and would know name, credit card information etc. we've only been separated for 3 days?
JA: OK. The Lawyer will need to help you with this.
Customer: Okay is there a chat site to speak with a lawyer?
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: No that is it, thanks so much
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Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. In order to get a subpoena you have to have a lawsuit filed. To subpoena records and not have those records be objectionable then you would also have to serve the other party and have them file an answer. In addition, you typically give 30 days to respond to a subpoena so, on a non-emergency subpoena, you are talking about roughly sixty days to getting the inform back. There is no way for a citizen, as opposed to the government, to get a subpoena without a lawsuit being filed.
Customer: replied 1 year ago.
So how quickly on an emergency subpoena would it take?
Expert:  Dwayne B. replied 1 year ago.
If a lawsuit has been filed then the subpoena could be issued in a matter of hours. The person requesting the subpoena could put whatever "return" date they want on it, even a day or two, but the company isn't going to be required to provide it that quickly if they don't have it available. However, that is the time frame you are looking at in an emergency situation and if everything goes perfectly. The information wouldn't be admissible in court though.
Customer: replied 1 year ago.
How quickly does it take to file a lawsuit?
Expert:  Dwayne B. replied 1 year ago.
A lawsuit can be filed in a matter of hours.
Customer: replied 1 year ago.
what is a criminal conversation suit?
Expert:  Dwayne B. replied 1 year ago.
Criminal conversation is an old law which allows someone to sue for adultery. Most states have abolished this cause of action completely.
Customer: replied 1 year ago.
I live in NC and alienation of affection is still legal do u think that the criminal conversation suit is viable?
Expert:  Dwayne B. replied 1 year ago.
NC does still allow criminal conversation lawsuits but there aren't many brought because the damages usually aren't very large and the lawyers want to be paid up front. I'm not 100% sure they are constitutional but as of now it is viable.
Customer: replied 1 year ago.
If I'm served with an "agreement" my husbands attorney came up with how many days do I have to respond?
Expert:  Dwayne B. replied 1 year ago.
There's no time limit set by the law to respond to a proposed agreement so it would be whatever time they give you.
Customer: replied 1 year ago.
They are faxing the agreement to my lawyer on Monday and have told me I have to respond by Monday. Do I?
Expert:  Dwayne B. replied 1 year ago.
There is nothing under the law that requires you to do so. That language is used by the lawyer to indicate that if you don't sign it then they will move forward with a contested hearing. The only difference to you is that if you don't agree then you could go to court and get less than they are offering just as you could go to court and get more. They could also sue you for the criminal conversation if you don't accept it, assuming that they are saying if you do accept it then they won't.