Quashed Subpoenas

I recently had 3 subpoenas duces tecum quashed by a judge, without any motions filed by those subpoenaed. I got on the record that this was a personnal and not a judicial action. I also asked what methods of discovery he would allow, but I never received any answer. My question is how can I get discovery?? I had previously requested discovery but didn't get any results, thus the reason for the subpoenas. I need to get some information or else show up like a one legged man at a butt kicking contest. Any ideas?? jeff

[joseph sugarman]

what do your state statutes and state and local rules of your court state about interlocutory relief for these quashed subpoenas?

The state statutes say that to quash a subpoena the subpoenaed have to file a motion to the court. The judge can not act without a motion. I take this as a personnal action of the judge, a lack of subject matter jurisdiction. Jeff

[joseph sugarman]

I asked you if you knew if you could obtain interlocutory relief; not your opinion about the judges actions.

So how would I go about getting this from a judge who doesn't have any rules? Jeff

[joseph sugarman]

Did I write get the information from a judge. Did I not write that you should determine what your state statutes, rule of the court and local rules offer?

So what gives?? You are berating me because you don't know about Due Process?? The deal is is the judge without any motions files quashed 3 of my subpoenas. There was NO due process. I need discovery in order to represent my case, Simple as that. Or I am going to file a motion for a dismissal because of the denial of discovery. Jeff

[joseph sugarman]

Apparently you must follow what you want to do without help. Twice,I suggested where you could look for assistance in your state; and you have ignored me. It appears much the case you are the one who does not know proper discovery techniques, and you are not willing to learn. I am finished with you.

[PANICPASS]

A subpoena duces tecum (Latin for "bring with you under penalty of punishment") is a court summons to appear and produce tangible evidence for use at a hearing or trial - mostly at trials.

You don't need the court's permission to start doing discovery. Discovery usually starts right after the Answer is filed. Read your local court rules- it should say something about when discovery starts.

[Notorial dissent]

Originally Posted by jperbs

I recently had 3 subpoenas duces tecum quashed by a judge, without any motions filed by those subpoenaed.

Three questions.
1. What were you asking for in the subpeonas and what was in them?
2. What did the judge actually say when he issued the order denying the subpeonas?
3. What kind of discovery are you looking for?