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subpoena duces tecum ?!?!

Started by spinner, Jul 02, 2007, 03:12:34 PM

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spinner

Dear Socrateaser,

Ex and I are currently under review for Child support Modification.
We are both pro-se

Today my ex-wife got a subpoena and served my employer however her subpoena is a DUCES TECUM subponea and under that paragraph she asked my employer for a copy of my paychecks from last year.

furthermore she checked the "schedule attached case box and attached an adendum where she asks for the paystubs to be mailed to her.

My employer showed me not knowing what to do so I researched DUCES TECUM and found that it is a subponea to appear and show proof, ...
http://en.wikipedia.org/wiki/Subpoena_duces_tecum
which is not what she is asking at all. I believe she miss used this subponea form ?!?!?!
Did she?


Furthermore I went to the court and asked myself for a subponea of the same kind which the court gladly gave me for 12$ and signed, put the sceal but the form is all blank for me to fill.

Again I believe this is because the subponea that she served and that I filed is actually not a subponea to request information but rather for a witness to showup in court.


Let me know your thoughts.

hoosierpapa4

A subpoena duces tecum is equal to a subpoeana for "THINGS".  As part of the subpoena there should be a court date or time limit by which they must respond or you'll be expecting to see them there in court with the materials requested or you can ask that the court SUMMON them to court with the materials.


Imom

Correct..

We had to serve these on my ss's doctors. We found out said they had to send them certified to the Court or appear? But when Soc was on here I kinda got the feeling that we could have asked for them to be sent to us (we already had copies). So to be safe so the ex can not say he did/she did not send them I would have him/her send them certified to the court as well.