My question involves criminal law for the state of: CA
A family member of mine just got a subpoena to provide ALL bank statements for her dad (has recently passed) for a period ranging multiple years - this family member briefly managed his finances under a power of attorney, but nowhere near the date range they are asking for. She doesn't even have all the statements they are asking for and has no way of getting them because her power of attorney is no longer active. They are also asking for ALL of her emails between her and the current fiduciary. The party subpoenaing her has been trying to allege that her some of her dad's estate didn't belong to him, but has provided no proof of their own and is now on a fishing expedition to find something to use as evidence, since they have protested the execution of her dad's trust and have been somehow successfully dodging discovery by the fiduciary's lawyer.
1) Might this be considered to be "overly broad" and a reason to object?
2) Does the requirement of a 30-day notice for depositions and records apply to subpoenas for probate? If it was given to her with less than 30 days notice, what can she do?
3) Does the federal mandate that subpoenas from attorneys include a statement of rights for those subpoena'd apply to subpoenas issued by attorneys through California state courts (see link below), and if it does not, does it in any way give cause to challenge the subpoena?
http://ift.tt/1zHxpRw
Sixth, Paragraph (a)(1) requires that the subpoena include a statement of the rights and duties of witnesses by setting forth in full the text of the new subdivisions (c) and (d).
A family member of mine just got a subpoena to provide ALL bank statements for her dad (has recently passed) for a period ranging multiple years - this family member briefly managed his finances under a power of attorney, but nowhere near the date range they are asking for. She doesn't even have all the statements they are asking for and has no way of getting them because her power of attorney is no longer active. They are also asking for ALL of her emails between her and the current fiduciary. The party subpoenaing her has been trying to allege that her some of her dad's estate didn't belong to him, but has provided no proof of their own and is now on a fishing expedition to find something to use as evidence, since they have protested the execution of her dad's trust and have been somehow successfully dodging discovery by the fiduciary's lawyer.
1) Might this be considered to be "overly broad" and a reason to object?
2) Does the requirement of a 30-day notice for depositions and records apply to subpoenas for probate? If it was given to her with less than 30 days notice, what can she do?
3) Does the federal mandate that subpoenas from attorneys include a statement of rights for those subpoena'd apply to subpoenas issued by attorneys through California state courts (see link below), and if it does not, does it in any way give cause to challenge the subpoena?
http://ift.tt/1zHxpRw
Sixth, Paragraph (a)(1) requires that the subpoena include a statement of the rights and duties of witnesses by setting forth in full the text of the new subdivisions (c) and (d).
Probation and Parole: Subpoena Questions for California Probate
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