SPARC Forums

Can a subpoena duces tecum be used to request copies of the employment records of the ex, without compelling the appearance of her manager or an HR officer?  We want to know exactly how much travel time her job involves, as first right of refusal is being denied.  We also want to know if there are disciplinary actions or reviews in her records that may substantiate a claim of mental imbalance....

You can REQUEST anything. I'd be surprised if you get it without a formal court order.

If her HR is doing things correctly, they'll tell her about the request and she'll go to court to try to block it. You have to convince a judge that you have a valid reason for requesting those things.

I would guess that you MIGHT get the travel records, but the disciplinary actions request sounds like a fishing expedition - which could easily be denied.

Of course, it's all up to the individual judge, so who knows?

You may be able to get her hours, but I doubt you'll be able to get any disciplinary records.  

If you think that she's mentally imbalanced, your best bet is to ask for psychological testing.  That's going to hold more water with the court than trying to hypothecate based on her behavior.