Is This a Frivolous or Malicious Witness Subpoena?

[astro]

Given the nature of the inquiry re time saving all you really should have to do at this point is point her atty at the real estate agent for the transaction docs and any pictures which they will have on file. Do not admit to having any pics or give them up unless you have posted them publicly somewhere.

[Really_Not_All_That_Bright]

@Aangelica

@herman_and_bill

Boy, am I old fashioned. I always thought it took a court order to compel me to furnish witness or documents in a legal proceeding. Tell her you don’t want her on your property anymore, the next time she will be trespassing and follow thru with the sheriff if she returns.

An issued subpoena is a Court order compelling the named person to furnish documents.

A valid subpoena is, yes. But unless I’m misunderstanding this “subpoena” was not issued by an attorney or by the clerk, but by the naughty executor, who presumably isn’t an attorney. In my jurisdiction (and most others) only officers of the court may issue binding subpoenas. Pro se or pro per plaintiffs must have the clerk issue subpoenas on their behalf.

@camille

When I looked up the case in the court docket, I learned that the woman who issued the subpoena was originally a co-executor who was removed by court petition after she mingled estate assets with her own. She is listed as an “interested party” on the docket. This case has been ongoing since June 2014.

I agree that this is probably just a request for copies of documents, and can be cleared up by a call to the attorney.

[herman_and_bill]

@Really_Not_All_That_Bright

A valid subpoena is, yes. But unless I’m misunderstanding this “subpoena” was not issued by an attorney or by the clerk, but by the naughty executor, who presumably isn’t an attorney. In my jurisdiction (and most others) only officers of the court may issue binding subpoenas. Pro se or pro per plaintiffs must have the clerk issue subpoenas on their behalf.

I agree that this is probably just a request for copies of documents, and can be cleared up by a call to the attorney.

That is what I was thinking. The nut just typed up her own “subpoena” and went fishing hoping to get some information.

[Yllaria]

@camille

. . . Apparently this “disgruntled nut” is disputing the estate expenses, and wants me to testify about the condition of the property when I took possession. The biggest contention seems to be whether or not the trees were pruned. . . .

Dang. People obcess about the darndest things.

[astro]

This is interesting

http://www.dmlp.org/legal-guide/responding-subpoenas

2. Did you receive a subpoena?

You’ll first want to determine precisely what you’ve received. In some instances, law enforcement authorities will use a search warrant, rather than a subpoena duces tecum, to access material in your possession. If you have been served with a search warrant, you cannot interfere with the search. You should call a lawyer immediately, note the scope of the search, watch and document where the authorities performed their search, and keep a record of any items seized.

Subpoenas come in several flavors, and you may need someone trained in the law to help you determine what type of legal document you’ve received. However, a subpoena contains certain distinguishing characteristics. Look carefully at the document for:
• the full name of a court in the document’s title, or letterhead
• the word “Subpoena” in bold in the top third of the document
• the words “you are commanded to report,” or a similar variation
• your name
• a specific date, time and location for you to appear or for you to provide the requested materials
• in some cases, the penalty for non-compliance will be included
Examples of subpoenas: Earthlink Subpoena, AutoAdmit Subpoena, Tice Subpoena, and IBM Subpoena.

Subpoenas are not necessarily filed with the court, so if you have doubts about the document you’ve received, ask a lawyer or call the person who signed the document and ask if they have in fact sent a subpoena. (An address and or telephone number should follow the signature.) If none of the above characteristics match your document, refer to our sections on Responding to Correspondence Threatening Legal Action, and Responding to Lawsuits for help figuring out what you’ve received.

[camille]

@Aangelica

Hopefully you get in touch with the wingnut’s attorney quickly There’s a better-than-average chance that since the wingnut has an attorney, the attorney will just want you to provide what you have, and/or possibly swear out a declaration or affidavit about whatever it is that the wingnut is all worked up about.

I hope you’re right, but I’ve left two messages, and she hasn’t returned my calls yet. Court date is next Wednesday. I’m off work tomorrow (Friday) so I’m going to call again and keep trying to get through.

[camille]

@astro

This is interesting

Responding to Subpoenas | Digital Media Law Project

Good to know. I was so hoping it was a fake out, but no, it’s the real deal, issued by her attorney.

If it wasn’t such an inconvenience, I wouldn’t mind seeing this circus in person. At the settlement, the executor (the nut’s sister) kept us all waiting over two hours, walked in without apology, and then wanted to hold up the settlement over a $10.00 disparity in the final gas bill (that was why she was late - she was at the gas co office fighting over it with them). I actually had to pull out a ten dollar bill and give it to her so we could get out of there. I can only imagine the amount of money in dispute here…