Leveraging Subpoenas for Production of Documents in Family Law Cases

Posted January 29, 2024

Navigating a family law case can be overwhelming, especially when crucial information about assets, debts, or other relevant details remains hidden. When potential clients enter our office, they are often unsure of the extent of their marital assets and liabilities, and those of their spouse’s.

In the alternative, a client may feel very sure regarding the items they wish to prove to a Judge, but they do not yet have the information in hand. Many times, the information is not found in either parties’ Declarations of Disclosure.

This is where Subpoenas for Production of Documents become invaluable tools, empowering you to gather evidence and ensure a fair and informed resolution.

What are Subpoenas for Production of Documents?

Think of a subpoena as a formal court order demanding specific documents relevant to your case. These documents can be anything from bank statements and tax returns to emails and medical records. They can be issued to both parties involved in the case (your spouse or former spouse) and third-party sources like banks, employers, or healthcare providers.

The subpoena should outline precisely what type of documents or records are being requested. The more specific the request, the better, but sometimes a party doesn’t know all of the details (for example, how many bank accounts exist for a party at a financial institution, the bank account numbers, etc.). The more clarity and focus a subpoena can provide, the more likely the person serving the subpoena will receive useful information.

Why are Subpoenas for Production of Documents Important?

Imagine two scenarios:

Relying solely on your spouse’s disclosures: This can be unreliable, incomplete, or even intentionally misleading.
Utilizing subpoenas: You gain direct access to accurate information from the source, ensuring transparency and fairness.

Here’s why subpoenas are crucial in Family Law cases:

Imagine relying solely on your spouse’s disclosure for information, potentially leading to incomplete or inaccurate data. Subpoenas bypass this uncertainty, offering several key benefits:

Direct Access to Information: Get information straight from the source, ensuring its authenticity and reliability. No more relying on potentially biased or incomplete disclosures from the other party.
Time and Cost Savings: Avoid lengthy and expensive battles over information access. Subpoenas expedite the process, saving you valuable time and legal fees.
Level Playing Field: Ensure both parties have access to the same set of documents, promoting transparency and fairness throughout the proceedings.
Strengthening Your Case: Uncover hidden assets, clarify child custody details, or corroborate claims with concrete evidence, ultimately strengthening your position in court.

Further, they are the most reliable way to ensure that both parties have access to the same set of relevant documents, which promotes transparency and fairness.

How Do Subpoenas Work? What’s the General Procedure?

Drafting the Subpoena:
Your attorney carefully crafts the subpoena, specifying the exact documents you need and the timeframe for their production.
Service:
The subpoena is served by a licensed process server or, in some cases, directly by the court.
Compliance:
The recipient has a legal obligation to respond, either by producing the requested documents or raising objections with the court.
Enforcement:
If the recipient fails to comply without a valid reason, the court can impose sanctions, including fines or even imprisonment.

Crafting Effective Subpoenas: While subpoenas are powerful tools, they require careful consideration. Here’s why:

Specificity is Key: The more specific your request, the more likely you are to receive the relevant information. Instead of asking for “all financial records,” pinpoint specific bank accounts or investment statements.
Balancing Relevance and Privacy: Remember, subpoenas cannot be used to invade someone’s privacy. Ensure your requests are relevant to the case and don’t pry into unrelated matters.
Seek Legal Guidance: Navigating the legal intricacies of subpoenas can be complex. Consult with your family law attorney to ensure your requests are legally sound and maximize their effectiveness.

When to Consider Subpoenas:

While subpoenas can be invaluable, they’re not always the first option. Discussing information exchange with your spouse or their attorney might be more efficient and cost-effective. However, if cooperation is lacking or crucial information remains hidden, subpoenas become a powerful tool to ensure a fair and informed resolution.

Remember: Subpoenas for Production of Documents are just one piece of the puzzle in your family law case. Partnering with an experienced family law attorney can guide you through the entire discovery process, ensuring you have the information you need to navigate your case with confidence and clarity.

Seek Expert Guidance:

Navigating the complexities of family law and using legal tools like subpoenas effectively requires experienced legal counsel. At Naimish & Lewis, our experienced family law team understands this complexity and can guide you through the process of utilizing Subpoenas for Production of Documents effectively and strategically, ensuring you have the information you need to advocate for your best interests. Contact us today to schedule a consultation and discuss your specific case.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.