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#2168382 - 03/15/18 03:55 PM Divorce subpoenas
Oh My!!! Offline
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Oh My!!!
Joined: Apr 2005
Posts: 112
Illinois
I provided information in August 2017 in response to a divorce subpoena. This morning I have an email from the attorney requesting additional information be provided to them by Monday. This is Thursday. Am I correct in telling them that a new subpoena is necessary for the information? Also, is there a set amount of time I have to be provided? They are requesting an additional 2 years of activity which takes a significant amount of time to provide. :-) Dealing with Subpoenas isn't my only job. Thanks so much for any input.

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#2168622 - 03/16/18 03:41 PM Re: Divorce subpoenas Oh My!!!
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,842
Illinois
Unfortunately, the only person who is in a position to answer this question is legal counsel who is qualified to opine on state law.
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#2169229 - 03/20/18 07:08 PM Re: Divorce subpoenas BrianC
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
...and who has actually had a chance to read the document.

Never take advice from the other guy's lawyer. Call your own.
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#2171756 - 04/04/18 02:42 PM Re: Divorce subpoenas Oh My!!!
Oh My!!! Offline
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Oh My!!!
Joined: Apr 2005
Posts: 112
Illinois
Just an update. The problem with the 1 or 2 day notice was getting an answer back from legal counsel in time. What I found out is that Illinois requires 7 days notice by mail (not fax or email) for documents, or for a witness to be in court. If the subpoena is for a witness, the subpoena must be accompanied with payment for miles. This one is particularly funny because we just received a subpoena for documents to be delivered to Orlando Florida a week from yesterday. :-) As I look at the snow on the ground this morning, I'm sure we could find a few employees willing to sacrifice their time and deliver documents to Orlando. Sadly for those employees, the subpoena does allow mailing the documents.

I guess I should ask counsel ahead of time, what laws prevail when the subpoena is from out of state.

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#2172036 - 04/05/18 01:59 PM Re: Divorce subpoenas Oh My!!!
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
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Next to Harvey
Generally, if your bank has no bricks and mortar in another state, that state's courts have no jurisdiction over your bank; i.e. they cannot compel you to do anything. An Illinois attorney may say "Generally" doesn't answer the question.
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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