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Subpoena documents issued

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Can you dispute a subpoena and not supply documents

Hi, I am not sure if I am in the correct place to ask this question.  But here goes.  

I have been issued with a Subpeona.  I feel that the documents they are requesting do not relate to the case that is going on between my partner and his ex wife.  Legally can I dispute the subpeona and would I have to engage a solicitor to do so?  :(
Paris

Your question is very generic so unfortunately the answer will be.

A subpoena is normally issued with the permission of a Registrar or Federal Magistrate or in the case of a 12A Family Court hearing by permission of the Judge

Subpoenas are issued on the basis of providing information that may be 'materiel to the case' (Note the use of the word materiel and not material as 'intrinsic')

Yes you can object but the process is dependent on why the subpoena has been issued, and must be argued on 'not materiel' to the case

You can object personally or use a solicitor but a word of caution - subpoenaed material may lead to other subpoenas BUT an objection generally makes the other side assume that something is being hidden and may lead to a raft of other subpoenas

For a more informed response - more details are needed

I suggest a visit to the front page, click on the red I button and read FAQ to learn how to hide any confidential information. This is a public forum

Last edit: by Agog


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