Can I quash a Civil Subpoena(Duces Tecum)?

[mzfromca]

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

I got served today with a subpoena to appear as a witness and to provide tax documentation to show I am collecting rent from my gf. I was kind enough to provide rental receipts and photo copies of deposited checks to her but this has gone to far imo. I will speak to a lawyer about this but I would like to get feedback if I could quash this subpoena.

 

[tranquility]

Who knows? But, you've not given any reason why the subpoena should be quashed. Is there some hardship for your testimony? What is the underlying case about? What, specifically was asked for in the items to be produced?

 

[mzfromca]

They want to see proof that I am receiving this money from her by reporting it in my Income Tax, which I do. I don't understand how the stuff I provided is not sufficient evidence and this is just simply taking too much of my time, and it's going to cost me when I hire a lawyer for this nonsense. I know in the subpoena there is a section for me to requests fees but it's more than just the money involved it's the time and stress that this will create.

 

[Zigner]

Seems that your girlfriend's ex is trying to figure out if you are cohabiting, which would end his alimony payments, right?

 

[mzfromca]

He is aware we are living together for the past 2 yrs. In those two yrs she has been paying me rent which has been documented. I don't understand how alimony will be affected if she has to pay me to live with me. It's no guarantee she will be my long term partner, so I will collect money if she wants to use my house.

 

[sandyclaus]

Seems simple enough. Why is this such an imposition for you?

Sounds to me like you DON'T have all the proof, and that what you have provided might have been fabricated in order to support the girlfriend against her ex. Otherwise, if you have the documentation, and you are really, truly collecting rent from your girlfriend, then there isn't a problem. The only problem is your hesitance in appearing in court.

It seems to me more like you're afraid that you won't be able to keep up the charade in front of a judge. Lying from the sidelines is one thing, but lying in court can result in a perjury charge.

 

[mzfromca]

Nope. I have all proof and have nothing to hide. Will go under oath this minute. Like I said. I already provided receipts and photo copies of checks that were deposited into my acct. My taxes will clearly show the rent as income. But I don't think anyone has the right to see my taxes. I know that once I provide my taxes they are going to go into other personal information that is no ones business. Like my income for example. I just want to know if I can do a motion to quash.

 

[tranquility]

I asked all the questions for a reason. You missed one.

But, it seems your testimony will easily be compelled. You will not be successful quashing that. As to the documents, if from the person you're cohabiting with, you might be able to quash as they already have the relevant information in their possession and the production is overboard and burdensome and not designed to lead to relevant evidence. (Heck, get a tax guy. There is a question as to if it would be income in any event.) Pity you didn't SPECIFICALLY answer what was SPECIFICALLY asked for, you might get better advice.

 

[mzfromca]

Sorry if I missed any questions. First time going through this. I guess I'm willing to show up as a witness but I don't want to provide any tax information, if possible. This seems to be my biggest concern. Will reach out to a lawyer tomorrow.

 

[sandyclaus]

Nope. I have all proof and have nothing to hide. Will go under oath this minute. Like I said. I already provided receipts and photo copies of checks that were deposited into my acct. My taxes will clearly show the rent as income. But I don't think anyone has the right to see my taxes. I know that once I provide my taxes they are going to go into other personal information that is no ones business. Like my income for example. I just want to know if I can do a motion to quash.

Your PERSONAL information isn't relevant here. What IS relevant is the rental income you are allegedly collecting from the girlfriend. It's not unusual for people to collect rent from someone and NOT report it on their taxes as rental income. If you have it properly documented and included on your tax returns, that goes a long way to prove that it really is rent you're collecting, and you're not just fabricating evidence to try to show that the girlfriend is supporting her own household.

Of course, if the information ISN'T listed on the tax returns as rental income as you say it is, then the tax returns will show that - and your girlfriend's claim of paying you rent to live in your home will fall right apart.

 

[mzfromca]

Who will see my taxes if I provide them?

 

[latigo]

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

I got served today with a subpoena to appear as a witness and to provide tax documentation to show I am collecting rent from my gf. I was kind enough to provide rental receipts and photo copies of deposited checks to her but this has gone to far imo. I will speak to a lawyer about this but I would like to get feedback if I could quash this subpoena.

Talk with a local trial attorney for possibly employing the following provision of the California Code of Civil Procedure (All emphasis added)

1985. California Code of Civil Procedure (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness. It may also require a witness to bring any books, documents, or other things under the witness's control which the witness is bound by law to produce in evidence. * * * *

(b) A copy of an affidavit shall be served with a subpoena duces tecum issued before trial, showing good cause for the production of the matters and things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the case, and stating that the witness has the desired matters or things in his or her possession or under his or her control.

Section 1987.1. (a) If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.

In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (b) The following persons may make a motion pursuant to subdivision (a): (1) A party. (2) A witness. * * *

Clearly the moving party's motivation is more than just seeking sources of income.

Good luck

 

[gator1]

A subpoena to a non-party for personal tax returns appears to be way off base in this case. If you do not properly and timely object you will waive that right, and that is what the attorney is likely counting on.

I agree with Latigo the moving party's motives appear to go beyond any actual need for such information, and that such a request is unreasonable and infringes upon rights of privacy.

You should certainly not acquiesce to such a demand, without first speaking with an attorney as soon as possible and moving to quash the subpoena. Drafting and filing a motion to quash this type of subpoena is simple, as is arguing it. It appears in this instance you have a good chance of quashing any demand for your personal tax returns, but a local attorney can give you a better handle on your situation after reviewing the subpoena and other facts.

 

[sandyclaus]

Talk with a local trial attorney for possibly employing the following provision of the California Code of Civil Procedure (All emphasis added)

[/B]

Clearly the moving party's motivation is more than just seeking sources of income.

Good luck

A subpoena to a non-party for personal tax returns appears to be way off base in this case. If you do not properly and timely object you will waive that right, and that is what the attorney is likely counting on.

I agree with Latigo the moving party's motives appear to go beyond any actual need for such information, and that such a request is unreasonable and infringes upon rights of privacy.

You should certainly not acquiesce to such a demand, without first speaking with an attorney as soon as possible and moving to quash the subpoena. Drafting and filing a motion to quash this type of subpoena is simple, as is arguing it. It appears in this instance you have a good chance of quashing any demand for your personal tax returns, but a local attorney can give you a better handle on your situation after reviewing the subpoena and other facts.

I disagree. Anyone can fudge receipts and check stubs that say money paid from one party to another was rent.

If OP is able to back up his claims of having received rent payments from the girlfriend by showing on his tax returns that he is reporting to IRS that he received this money as rental income, then it formally establishes that the money is indeed rent and not something else made to look like rent in order to defraud the court. There may well be a history or strong suspicion of fraudulent misrepresentation by the girlfriend to try to keep receiving that spousal support when she isn't entitled to it due to a cohabitation exclusion.

 

[xylene]

But I don't think anyone has the right to see my taxes.

But you are wrong.