Legal Question in Civil Litigation in Maryland

Hello I am in the middle of a custody case and recently the opposing counsel has subpoenaed my bank for my financial records. I have sent my bank records to this attorney for the previous year in response to discoveries. I was not notified by the attorney of this motion. i was only notified by my bank via mail. I have since called and made them aware that I plan to contest it with a motion to quash on the grounds that 1) the subpoena is untimely since it was issued one month after the court scheduling orders says all discoveries must be completed 2) to my knowledge the opposing counsel should served me as well or made me aware as to make all parties involved in litigation aware of this motion 3) this subpoena was improperly served because issued to the local branch manager and not "registered agent" of the financial institution.

Do I have proper ground to have this subpoena quashed on these 3 things?

Please help I am self represented (pro se).

Your response is greatly appreciated!


Asked on 2/14/12, 3:04 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If the subpoena was issued to appear at trial and bring the records, it isn't barred by the discovery deadline. If it was done in conjunction with a records deposition, then your motion would have merit. The issue of who was served at the bank is for them to raise if they wish to quash the subpoena, not you. Many banks accept service through a branch manager.

It sounds like, although you seem to have some understanding of the litigation process, you are making a very unwise decision to try representing yourself in a custody case against a represented party. You may income qualify for reduced fee or even pro bono (free) legal representation through your county bar association. If you haven't already investigated this, now is the time assuming it's not already too late.

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Answered on 2/15/12, 8:01 am


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