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What defenses are available to a third party recipient of a…

What defenses are available...

What defenses are available to a third party recipient of a subpoena when the Complaint is falsely plead and the scope is beyond the actual relief available to the plaintiff

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

The sole defendant has filed BK

Lawyer's Assistant: Has anything been filed or reported?

No response to the Complaint/petition filed as yet

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

No, He may ask more information but this is pretty much the issue

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Answered in 3 minutes by:
3/4/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 62,854
Experience: Licensed attorney helping individuals and businesses
Verified
Subpoena recipient may object and reject a subpoena that is over broad. Often a call is made to negotiate a reduced production and a more reasonable scope. One can also file a motion to quash or limit the subpoena as irrelevant and unduly burdensome. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Awaiting your reply, thank you!
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Customer reply replied 4 months ago
In the absence of a response by the defendant, can the recipient attack the pleading which includes knowingly fraudulent allegations? For example, the complaint alleges a written contract including inconsistent and/or antagonistic performance terms contained in another contract to support a fraud cause of action.
No. That is for the defendant. Subpoena recipient can object on ground of relevance, burden, overbroad and cost. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
The requested information would not be relevant to an "honestly" plead complaint. The attorney was previously put on notice of this "misconduct"
If there is a history here I would include in the objection and any motion to quash.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.You may also ask for sanction and legal fees.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
thank you!
Very welcome. Please select the 5 star (*****) rating on your page for the answer. That’s how I get credit by the site. Much appreciated!
INFOLAWYER
INFOLAWYER, Attorney
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Satisfied Customers: 62,854
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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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