Information Subpoena

[natejliz]

What is the name of your state (only U.S. law)? New jersey

Received an information subpoena without the self-addressed return envelop and no address to whom I have to send it to. Also the subpoena is only signed by plaintiff and not by the court's clerk. Doesn't it have to be signed by the clerk to make it valid? Are there any ways to legally limit/refuse to answer the subpoena?

 

[OldandTired]

First and foremost, there is no way for the sender to be able to prove that you ever received that without the return-receipt.

Secondly, physically walk into the District Clerk's office of the Court where that notice says the action is filed, and ask the clerk to do a search by name to see if there is even a valid case pending under the names that are on the Subpoena.

If the other party is representing themselves in this action, the only thing that Subpoena would need to be valid, would be the Clerk's file-stamp, showing that it is part of the record of the pending action.

If it does not have the file-stamp on it, then it is not valid. All Subpoenas, Motions, and anything else relating to a case must be file-stamped by the Clerk of the Court in which the action is filed, to show proof that it is part of the record of that action.

I am suggesting that you walk into the Clerk's office, to show that if there is no action pending, or that you question the validity of the Subpoena, then you have it on record with that office that some wrongdoings are going on with the other party.

 

[seniorjudge]

Q: Doesn't it have to be signed by the clerk to make it valid?

A: It depends on local laws.


Q: Are there any ways to legally limit/refuse to answer the subpoena?

A: Yes. You object to it.

 

[chuck126]

subpoena

1] Is this a subpoena duces tecum for trial requesting document production?
2] Is this Plaintiff Prose or Atty.? It appears to be from a Prose litigant.
3] Your question is kind of vague. Be more precise with the description of the subpoena.
4] A subpoena for attendance at a deposition with documents?
5] Is this a divorce proceeding?
6] Is this subpoena from out of state?
7] What info does the subpoena seek/request?
8] Is this a Notice of Production to Defendant seeking documents from a non-party via a subpoena duces tecum?