Does 3RD party Quashing subpoena motion freeze/stops subpoena due date?

[LincolnFan]

Question about a federal civil case in Colorado.

I’m a plaintiff in a federal civil case. All parties are in same court jurisdiction. I subpoena a non-party in 15 days to produce some documents. Before serving, I also send a copy to defendants.

On the 8th day (7 left to subpoena deadline), defendants (not the subpoena served non-party) files a quash motion and/or for protective order claiming those documents are “privilege”.

I (as the plaintiff), file a motion to deny their quash motion. I tell the court, defendants have no standing, and they presented no shred of evidence they had any relationship with the non-party subpoenaed individual and no "privilege" situation exists. I also state those documents are all about me and no one else.

Now is the 15th day and subpoena is due. Court has not ruled anything. I call the served non-party, who never objected or challenged my subpoena, why he is not sending me the documents. He says the defendants attorney told him to “HOLD OFF” since the judge has not ruled yet!

Question: does such a quashing motion comes with “automatic stay” for subpoena compliance, since the judge has not ruled on the quash motion?

 

[Zigner]

...and you are somehow qualified to give specific legal advice to others?

 

[quincy]

Question about a federal civil case in Colorado.

I’m a plaintiff in a federal civil case. All parties are in same court jurisdiction. I subpoena a non-party in 15 days to produce some documents. Before serving, I also send a copy to defendants.

On the 8th day (7 left to subpoena deadline), defendants (not the subpoena served non-party) files a quash motion and/or for protective order claiming those documents are “privilege”.

I (as the plaintiff), file a motion to deny their quash motion. I tell the court, defendants have no standing, and they presented no shred of evidence they had any relationship with the non-party subpoenaed individual and no "privilege" situation exists. I also state those documents are all about me and no one else.

Now is the 15th day and subpoena is due. Court has not ruled anything. I call the served non-party, who never objected or challenged my subpoena, why he is not sending me the documents. He says the defendants attorney told him to “HOLD OFF” since the judge has not ruled yet!

Question: does such a quashing motion comes with “automatic stay” for subpoena compliance, since the judge has not ruled on the quash motion?

Yes.

 

[adjusterjack]

...and you are somehow qualified to give specific legal advice to others?

Oh, I see what you did there.

https://forum.freeadvice.com/threads/discovery-abuse.649372/#post-3585999

 

[LincolnFan]

...and you are somehow qualified to give specific legal advice to others?

be specific! So you are policing who is qualified and who is not?

 

[PayrollHRGuy]

Yes the Senior Members here do try to do just that. It is a good thing.

 

[Just Blue]

be specific! So you are policing who is qualified and who is not?

Stop digging up old threads to rant on.

 

[quincy]

... Question: does such a quashing motion comes with “automatic stay” for subpoena compliance, since the judge has not ruled on the quash motion?

I suggest you FOCUS on the answer you received. The motion to quash a subpoena is decided before subpoena compliance is needed.