Questions Regarding Subpoenas

What is the name of your state? NY

1- when can a request for a subpoena be submitted, and what are the steps (a rough idea)

2- are subpoenas granted to non lawyer types for the purpose of discovery amd fact verification?

thx

mr. naive

[You Are Guilty]

Originally Posted by Mr. Naive

What is the name of your state? NY

1- when can a request for a subpoena be submitted, and what are the steps (a rough idea)

2- are subpoenas granted to non lawyer types for the purpose of discovery amd fact verification?

thx

mr. naive

This exact question (for NY) has already been answered here, more than once. A quick search should provide you with more info than you can shake a subpoena at.

[JETX]

I agree with YAG.... the simple issue here is absent a lawsuit, you don't have the power of subpoena.

thx for the quick replys people...

@ YAG...
searching now...

@JETX...

If the defendant does submit an answer that denies in whole or in part the allegations of the complaint, then the plaintiff must take additional steps to prove its entitlement to judgment. In cases where there are disputed issues of fact, the plaintiff and defendant would typically engage in discovery, which would entitle either side to obtain disclosure of information needed to prosecute or defend the action. The scope of discovery under New York law is broad and permits full disclosure of all matters material and necessary in the prosecution or defense of an action, regardless of the burden of proof. The discovery devices most commonly used are document requests, depositions, interrogatories, and requests for admission.

full article--> [url]http://www.hodgsonruss.com/article_327.html[/url]

i have in fact, received an action for divorce, which is in effect, a lawsuit, isn't it, and i must reply within 20 days... i have interviewed key witnesses whos statements i'm sure will invalidate the claims made against me... the reason for the question regarding subpoena rights is the need to provide a defense by means of discovery of information crucial and directly relating to the claims made by the 'plaintiff'.

doesn't this entitle me to the right of discovery and the entitlement to seek subpoenas to disclose these facts?

thx again

mr. naive

[You Are Guilty]

Try here, for starters:
[url]http://forum.freeadvice.com/showthread.php?t=312758[/url]

[rmet4nzkx]

YOU are being DIVORCED, that is a civil action, not criminal. Please ask your questions on the family law forum and quit pussy footting around, better yet, get yourself to an attorney Tomorrow.

@ rmet4nzkx...
first off, there was no distinction made between civil or criminal cases in the article referenced... you should read it if you are gonna hang around giving 'expert' advice, it applies directly to my situation.

second, the original question was about procedure, not about divorce procedings or anything directly releated to family law, that's why i'm asking it here.

third, i would hardly call what i'm doing pussy footing around. i have obtained notarized statements from witnesses which will directly refute the allegations, and am preparing for inevitably having to subpoena them, which is a right of the individual (defendant in a case), i have uncovered hitherto business dealings, which, i may need to use as a basis for instruments of discovery if the judgement is favorable to me.

hardly pussy footing.

@ YAG...
thanks for the links, very helpful. i'm reading em now, and they look like they will definitely give me some insight.

mr. naive

[rmet4nzkx]

Originally Posted by Mr. Naive

@ rmet4nzkx...
first off, there was no distinction made between civil or criminal cases in the article referenced... you should read it if you are gonna hang around giving 'expert' advice, it applies directly to my situation.

second, the original question was about procedure, not about divorce procedings or anything directly releated to family law, that's why i'm asking it here.

third, i would hardly call what i'm doing pussy footing around. i have obtained notarized statements from witnesses which will directly refute the allegations, and am preparing for inevitably having to subpoena them, which is a right of the individual (defendant in a case), i have uncovered hitherto business dealings, which, i may need to use as a basis for instruments of discovery if the judgement is favorable to me.

hardly pussy footing.

@ YAG...
thanks for the links, very helpful. i'm reading em now, and they look like they will definitely give me some insight.

mr. naive

You have asked many questions thus far about your divorce case without asking relevant questions, you are wasting everyone's time.

You have asked many questions thus far about your divorce case without asking relevant questions, you are wasting everyone's time.

1- i've asked many questions?, maybe that's because there are many aspects to a legal procedings that i need advice on.
2- on the contrary, i think that the above question is very relevant.
3- if you feel it's a waste of time, then why did you stop to engage in it, then follow it up with a comment. couldn't you just pass it by and save yourself the time.
4- so, because in your view, i've not done the research, or asked too many questions, then you see this as a signal for you to be rude and discorteous to me. you see it as your job, no, lemme rephrase that, you see it as your duty to admonish me for this. if this is the case, might i suggest you need another outlet for your delusions.

well, that said, i'm sure that now you are gonna engage me in a tit for tat back and forth, juvenile food fight, and in the process, waste more of your time, but you will be talking to the hand buddy, because i won't be listening.

by the way, is there a guild here, a guild of unproffesional expoits, who's job it is to hang around this board , and make crude, rude and uncivil comments, even accusations, to people coming here to ask questions about legal matters. and what are the prequalifications for joing this guild, a lack of a life must surely be one of them, a past legal encounter from which the applicant feels that they were screwed by either a significant other, or the legal system must surely be another, the ability to say rude, crude, discourteous things, and a willingness to do so must be the other

i ask this because i've seen this sorta thing going on on more than one, more than ten different instances.
a shame, given the purpose of this board.

mr. naive

[rmet4nzkx]

Originally Posted by Mr. Naive

1- i've asked many questions?, maybe that's because there are many aspects to a legal procedings that i need advice on.

No need for a "," after the "?". Capitalize the "m" in the word, "Maybe" follow it with a ",". The personal pronoun "i" should be capitalized, e.g. "I". Then there is the question of plural; did you mean "a legal preceding" or legal procedings"? We don't end sentences in prepositions, thus, the sentence should read, "Maybe, that's because there are many aspects to a legal proceding about which I need advice/Maybe, that's necause there are many aspects to legal oprocedings about which I need advice.

In any case I answered it appropriately and refered you to an attorney at the next reasonable opportunity,

YOU are being DIVORCED, that is a civil action, not criminal. Please ask your questions on the family law forum and quit pussy footting around, better yet, get yourself to an attorney Tomorrow.

2- on the contrary, i think that the above question is very relevant.

That is why you need an attorney and Glory be, you found on on a Sunday afternoon!

3- if you feel it's a waste of time, then why did you stop to engage in it, then follow it up with a comment. couldn't you just pass it by and save yourself the time.

Because I already answered your subpoena questions before and now you are asking them again without providing the facts needed to provide advice.

4- so, because in your view, i've not done the research, or asked too many questions, then you see this as a signal for you to be rude and discorteous to me. you see it as your job, no, lemme rephrase that, you see it as your duty to admonish me for this. if this is the case, might i suggest you need another outlet for your delusions.

I was not rude but it is apparent that you are not competent to care for yourself since you don't know how to use a dictionary to look up the meanings of words you don't understand.

well, that said, i'm sure that now you are gonna engage me in a tit for tat back and forth, juvenile food fight, and in the process, waste more of your time, but you will be talking to the hand buddy, because i won't be listening.

Apply the same rules of grammar to this sentence.

by the way, is there a guild here, a guild of unproffesional expoits, who's job it is to hang around this board , and make crude, rude and uncivil comments, even accusations, to people coming here to ask questions about legal matters. and what are the prequalifications for joing this guild, a lack of a life must surely be one of them, a past legal encounter from which the applicant feels that they were screwed by either a significant other, or the legal system must surely be another, the ability to say rude, crude, discourteous things, and a willingness to do so must be the other

What are you trying to say?

i ask this because i've seen this sorta thing going on on more than one, more than ten different instances.
a shame, given the purpose of this board.

Then why can't you bother to look up the meanings of words. Has your wife been peeling your hard boiled eggs, removing the seeds from watermelon, bones from fish, turning your dirty, stinky socks right side out when she does the laundry, wiping your backside for 33 years?

It is time to grow up and act like an adult, you are not going to have your wife around to take care of you any more, no matter how may declarations you obtain from friends. I pity both your attorney and your stbx.

[hdianne]

Originally Posted by rmet4nzkx

No need for a "," after the "?". Capitalize the "m" in the word, "Maybe" follow it with a ",". The personal pronoun "i" should be capitalized, e.g. "I". Then there is the question of plural; did you mean "a legal preceding" or legal procedings"? We don't end sentences in prepositions, thus, the sentence should read, "Maybe, that's because there are many aspects to a legal proceding about which I need advice/Maybe, that's necause there are many aspects to legal oprocedings about which I need advice.

You of all people giving out spelling and grammar lessons? That's funny. Maybe he has asperger's syndrome?

[rmet4nzkx]

Originally Posted by hdianne

You of all people giving out spelling and grammar lessons? That's funny. Maybe he has asperger's syndrome?

I didn't point out his spelling errors nor make any suggestion that he might have Asperger's. Asperger's is a proper name and thus should be capitalized.

[hdianne]

Originally Posted by rmet4nzkx

I didn't point out his spelling errors nor make any suggestion that he might have Asperger's. Asperger's is a proper name and thus should be capitalized.

You diagnose everyone as having Asperger's Syndrome. Besides I'm just trying to bug you.

[rmet4nzkx]

Originally Posted by hdianne

You diagnose everyone as having Asperger's Syndrome. Besides I'm just trying to bug you.

How can you make an absolute statement that I diagnose "EVERYONE" with Asperger's, when it is obvious to the reader that, at least in this thread, I did not, thus making your accusaiton entirely false.

Thanks for the affirmation.

[hdianne]

Originally Posted by rmet4nzkx

How can you make an absolute statement that I diagnose "EVERYONE" with Asperger's, when it is obvious to the reader that, at least in this thread, I did not, thus making your accusaiton entirely false.

Thanks for the affirmation.

Gosh I was just jacking with you. You do diagnose a lot of people in Med Mal though. You should know by now not to take me seriously.