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View Diary: Legal Issue: I Could Use Some Kos Community Help (165 comments)

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  •  Agree with JR on motion to quash. (8+ / 0-)

    I have had records subpoenaed many times; but most of these were paper records.  Some were legitimate and some not.  When it was clearly a fishing expedition and not justified, my attorney never had any trouble getting getting the subpoena quashed.  It is a lot easier to make a subpoena go away than a court order. Anyone with a $25 filing fee (or whatever is your local going rate) can create a subpoena. Electronic records are different from paper, so I am not sure of the rules.  

    When faced with a problematical subpoena, my attorney always went to the judge and asked it be quashed, forcing the other side to get a court order if they wanted the file that bad.  In order to do that they have to "show cause," which is a fancy way of saying they actually have to send a lawyer to get up in front of the judge and convince the judge they will be irreparably harmed if they do not get the records.  

    I do not trust my ISP any further than I can throw my car.  Look out for your own best interests.  The ISP probably gets dozens of subpoenas, if not thousands every year.  It is simply not practical or economical for them to fight anything.  

    One more thing.  Just because a person is licensed to practice law does not make them an expert in all areas.  A good general practice lawyer can do local filings, but if you really have to fight this, get an expert in the field.   Same theory that you do not go to your family doctor for a heart transplant.  I cannot tell you what to do, but if it were me, I would find a lawyer expert in the field and follow the attorney's advice.  

    The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand. - Sun Tzu

    by Otteray Scribe on Tue Mar 05, 2013 at 03:13:01 PM PST

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