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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5301
Experience:  Licensed to practice before state and federal court
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It seems someone in Colorado has used our IP address in

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It seems someone in Colorado has used our IP address in Minnesota and we are being sued for a copyright infringement. How do I go about filing a protective motion to quash or vacate the Subpoena in Colorado? How do I prove this infringement was not us?
JA: Do you have a registration record?
Customer: Sorry, what is that?
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: I have not talked anyone yet. Just started typing to you.....I have not filed anything with the court yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so....

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Could you help me understand What was sent to you? Were you sent a subpoena? If so, was this a subpoena of documents or was this a subpoena to have you testify at a deposition?

Customer: replied 2 months ago.
subpoena of documents

Okay thank you for providing that just one moment.

Customer: replied 2 months ago.
is there a way for you to see the document?

Sure, if you click on the little paper clip on your screen you can upload the document if it is stored on your computer. If you are on your phone you can simply take a screenshot in the upload the document as well.

Customer: replied 2 months ago.
let me scan them in and send to you......

Ok, sounds good.

Customer: replied 2 months ago.
here are the documents for you to review

Okay, thank you very much for providing that. If you feel as if you need to have this subpoena quashed, then the first thing you would do is get some 28 line pleading paper so that way you can submit that to the court. Generally the pleading paper can just be found on a Word document As a template. After that, then you should start listing the reasons why you believe the subpoena should be quashed. The reasons or generally based on the following:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

(iv) subjects a person to undue burden.

The reasons also may include:

(i) disclosing a trade secret or other confidential research, development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.

Normally, a person may hire an attorney to help out with filing the motion to quash, but understand the Colorado tends to follow these general rules when it comes to finding out the reasons why you do not believe you should provide the information they are requesting.

Before you rate, did you have any questions for me regarding this?

Legal Eagle and other Legal Specialists are ready to help you
Customer: replied 2 months ago.
thanks for the information.....this should get us started.

It is totally my pleasure!