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Motion to quash subpeona duces tecum

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kbc1

Member
What is the name of your state (only U.S. law)? OK
How long does it usually take for the judge to make a decision regarding a motion to quash? What is the likelihood that a judge will grant this?

The subpeona is for the release of video taken in a family court waiting room. My BIL went crazy after a status conference hearing. He assaulted me while his attorney cheered him on. As my BIL stood over me screaming at me and calling me names, his attorney paced back and forth behind him laughing like a lunatic and saying repeatedly, "this is some funny ****". There is a hearing set for Dec. 8. My sister is asking to modify temporary orders regarding custody because my BIL is a nut and his children no longer want to live with him half time. Obviously they do not want the judge to see the video. So, what do you think?

Thanks
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? OK
How long does it usually take for the judge to make a decision regarding a motion to quash? What is the likelihood that a judge will grant this?

The subpeona is for the release of video taken in a family court waiting room. My BIL went crazy after a status conference hearing. He assaulted me while his attorney cheered him on. As my BIL stood over me screaming at me and calling me names, his attorney paced back and forth behind him laughed like a lunatic and saying repeatedly, "this is some funny ****". There is a hearing set for Dec. 8. My sister is asking to modify temporary orders regarding custody because my BIL is a nut and his children no longer want to live with him half time. Obviously they do not want the judge to see the video. So, what do you think?

Thanks
What is the source of the video? Was it a surveillance tape? If not, who took it and why? On what grounds did they ask that the subpeona be quashed?
 

LdiJ

Senior Member
It is the court house surveillance tape. I do not know the grounds yet.
The fact that it is an independent video from a neutral source is helpful. However knowing the grounds is important. He may be trying to quash the subpeona on the grounds that the it reflects interaction between him and someone who is not a party to the case.

If that is the case, I couldn't begin to even remotely make any guess as to whether or not the judge will quash it. I would suspect that your BIL's attorney will fight it hard simply because it puts the attorney in a quite negative light.
 

kbc1

Member
I forgot to mention that there are actually 2 tapes. The other tape is of my BIL's attorney going at me in the waiting room a couple of weeks prior. So, maybe that is the one he doesn't want released.

Thanks for taking the time to respond. I will ask a follow-up question when I have more information.
 
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gr8rn

Senior Member
Why were you present because you were not a party in the case and do you have any idea why there is so much animosity between you and the BIL and his attorney?
 

LdiJ

Senior Member
Why were you present because you were not a party in the case and do you have any idea why there is so much animosity between you and the BIL and his attorney?
Family members are often witnesses, so that really isn't unusual, or even unusual that they would be there for moral support...and not unusual that it could result in animosity.

What is unusual is that either dad or dad's attorney would be so foolish as to allow that animosity to spew forth in public, where it could be recorded. Dad's attorney really surprises me the most. Dad's attorney knows that there are cameras. Why dad's attorney would do anything other than try to stop his client is quite surprising.
 

Ohiogal

Queen Bee
Family members are often witnesses, so that really isn't unusual, or even unusual that they would be there for moral support...and not unusual that it could result in animosity.

What is unusual is that either dad or dad's attorney would be so foolish as to allow that animosity to spew forth in public, where it could be recorded. Dad's attorney really surprises me the most. Dad's attorney knows that there are cameras. Why dad's attorney would do anything other than try to stop his client is quite surprising.
Dad's attorney does not have to stop dad from doing anything. And dad being upset with OP may not affect custody because there is not necessarily a correlation between dad's altercation with OP and dad's treatment of his children.
 

LdiJ

Senior Member
Dad's attorney does not have to stop dad from doing anything. And dad being upset with OP may not affect custody because there is not necessarily a correlation between dad's altercation with OP and dad's treatment of his children.
I don't disagree. In fact, I already said something to that extent. However dad's attorney engaging in an altercation with a witness from the other side, and dad's attorney laughing hysterically and saying "this is some funny ****" while dad engages in an altercation with a witness for the other side is NOT a "finest moment" for dad's attorney.
 

kbc1

Member
I was there with several other witnesses for "our side" because we thought it was the actual hearing to modify temporary orders regarding custody. However, due to a clerical error, it was actually scheduled as a status conference hearing only. The hearing has been rescheduled for Dec. 8. This will be the 4th time witnesses have been ready to go on this and it has been postponed. They do not want the hearing and have gotten an order for a custody evaluator. He is a father's rights guy. Dad's attorney is so stupid that he said, in front of multiple witnesses, the Dr. they hired 100% of the time recommends 50/50. The Dr. wasn't too happy to hear that. They are going to ask the judge to delay making a decision until the custody evaluation is complete. They are trying to postpone the inevitable. Just grasping at straws.

His attorney also took him and his daughters to the lake and supplied him with alcohol. Dad got drunk and totalled a jet ski. This was right after dad had to agree not to drink alcohol when he has the girls.

His attorney is representing him for free and tried to scare my sister by saying he would take this to the end for free. I said fine, I will pay for my sister's attorney no matter how much it costs. That was the same day the attorney went after me in the waiting room. He thought I called him a piece of ****. I didn't but I took the heat for it. Even if I did call him a name his response was off the charts. He has since told my sister's attorney that the reason he has been so hosile towards me is because "nobody talks to me that way". Really, nobody has ever called him a name?

Girls want to be with mom and will tell anybody that will listen. Dad doesn't believe it. His attorney said, they are going to say his oldest daughter is not capable of making that decision. Again, he was bragging about this too us in the waiting room right after he said the Dr. was a ringer. She turns 12 in a couple of days and is an A student at a private Catholic school. She has sponken with the guardian and is ready to speak with the judge. I simple told the dad the girls no longer want to live with him. I was trying to get him to realize that he should stop fighting the inevitable because it is only hurting his relationship with his girls.

The girls have a guardian ad litem who is ready to suggest to the court that dad no longer have 50/50. There are multiple witnesses for the mother and none for the father. Father will not stop sleeping with his 2 daughters although he has been told repeatedly to stop, has an alcohol problem..... Mom had emergency custody of the girls but voluntarily let him have 50/50. She thought that is what the girls wanted and thought he would get his act together but he hasn't. Emergency custody and EPO were because he physically attacked my sister in front of multiple people, including his children and other children. My sister suffered years of mental abuse. As did the children because they witnessed it.

The judge saw the dad get his crazy on at the time of the original show cause hearing. He went so far as to say that he could have shot my sister for being on his front porch using the make my day law. My sister was there delivery my yougest neice's prostetic leg that he demanded she bring to him right then. Video from the court house shows he is still unstable.

To make this even more crazy both parties in the divorce are also attornies.

With that added information, what do you think the judge is likely to do?

ETA, sorry this post is so hard to read. There is just so much to tell and I was trying to keep it as brief as possible. It would take me forever to proof read and make it easier to read.
 
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stealth2

Under the Radar Member
With that added information, what do you think the judge is likely to do?
Beyond saying that a judge often give's a GAL's recommendation significant weight, no one can tell you what a judge will or won't do. He "might" do any number of things.

I simple told the dad the girls no longer want to live with him. I was trying to get him to realize that he should stop fighting the inevitable because it is only hurting his relationship with his girls.
Uuuh... you'd be wise not to simply try to tell Dad anything about what his children may or may not want. Not your fight - stay out of it.
 

LdiJ

Senior Member
I honestly don't have a clue whether or not a judge will quash that subpeona or not. I honestly hope the judge doesn't, because I think that the judge needs to know what's going on.
 

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