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  • 1.  Threat of Subpoena Quash

    Posted 04-19-2017 01:22 PM
    Mates:

    Recently sent a letter to local police department requesting discovery and my adversary sent a letter to the same police department informing them that she was going to file a Motion to Quash.  A Motion has yet to be filed and our appearance is scheduled for next week.  Any suggestions as to nest steps to get the discovery.  Was considering sending another letter to the police department (cc'ing my adversary) informing them that the Motion was never filed and that I wanted the discovery originally requested.  Any suggestions?  TIA

    Best,
    Eric

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    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
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  • 2.  RE: Threat of Subpoena Quash

    Posted 04-19-2017 03:58 PM
    Adversary was going to quash a letter? Or an OPRA request? Perhaps she started working on a motion and said "I'd rather not look foolish today" since only subpoenas can be quashed not letters / OPRA requests. Police records are public documents (unless civil DV or juvenile or specific order exists).

    If you sent a letter last time, send an OPRA request (Google it - the form is online several places) this time and then you can nicely point out (cc'ing county counsel) that the failure to respond to an OPRA request is a very frequent source of counsel fee awards.


    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message


  • 3.  RE: Threat of Subpoena Quash

    Posted 04-19-2017 05:10 PM
    Dave,

    Sorry, a little tired.  It was a subpoena not a letter.

    Eric



    Original Message


  • 4.  RE: Threat of Subpoena Quash

    Posted 04-19-2017 06:46 PM

    Eric,

      What are you trying to get and why do they want to block you? You must have an idea ...

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.229.0319 mobile; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




    Original Message


  • 5.  RE: Threat of Subpoena Quash

    Posted 04-21-2017 01:30 PM
    Eric: Did the adversary indicate what grounds s/he was relying on to seek that the subpoena be quashed? If it was prejudgment (or postjudgment with a plenary scheduled), then I don't see the basis to object and I'd send a follow-up letter confirming that no motion to quash has been filed and you expect compliance. If it was neither of those, then withdraw the subpoena and send a letter or OPRA request, which aren't subject to being quashed.


    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message