XXX
XXX
XXX
IN RE: THE MARIAGE OF: )
)
XXXXXXXXXXXX, )
Petitioner/Husband )
)
And ) CAUSE NO. XXXX-XXXX-XXXX-XXXX
)
XXXXXXXXXXXXX, )
Respondent/Wife )
RESPONSES AND OBJECTIONS OF RESPONDENT, XXX, TO SUBPOENA AND SUBPOENA DUCES TECUM FROM PETITIONER, YYY
The Respondent/Wife, pro se, hereby responds and objects to the subpoena and subpoena duces tecum dated 4th April 2019 served upon her by the Respondent, yyy, as follows:
GENERAL OBJECTIONS
- Respondent objects to the subpoena and subpoena duces tecum to the extent that it purports to require the production of documents that are not within the Respondent’s possession, custody, or control.
- Respondent objects to the subpoena and subpoena duces tecum for being vague, overbroad and unduly burdensome in requiring production of unspecified Bank statements.
- Respondent has no objection to testifying before the Honorable Court.
SPECIFIC OBJECTIONS AND RESPONSES TO REQUESTS FOR PRODUCTION
REQUEST NO. 1:
Copies of all Respondent’s bank statements for February, March and XXXX.
RESPONSE TO REQUEST NO. 1:
Respondent incorporates by reference her General Objections as set forth above. Respondent objects to Request No. 1 on the grounds that it is vague, overbroad and unduly burdensome to the extent that it calls for “all Respondent’s bank statements for February, March and XXX.” What the Petitioner means by ALL bank statements remains unclear to the Respondent. Similarly, the Petitioner has not identified any specific bank in relation to the request.
In the premises, the Respondent submits that the Request by the Petitioner is unreasonable and irrelevant because there is no identifiable need for the production of all the said bank statements.
REQUEST NO. 2
Copy of a refund check from attorney xxx.
RESPONSE TO REQUEST NO. 2:
Respondent incorporates by reference her General Objections as set forth above. Respondent objects to Request No. 1 on the ground that the refund check requested by the Petitioner is not within the Respondent’s possession, custody, or control.
Although the refund check requested was once within the Respondent’s possession, it was destroyed and was never deposited by the Respondent. The Respondent does not have a copy or original of the requested check. As such, the Subpoena requires the impossible.
Without prejudice to the foregoing, it is the Respondent’s humble position that even if the requested check was to be availed in these proceedings, it would have no probative value or bearing to the Respondent’s Motion for attorney fees, which the Petitioner has opposed. This is because the Respondent’s former attorney was retained and his fees paid by the Respondent’s relative, Mrs.xxxx owing to the Respondent’s indigency. Accordingly, the refund check was misdirected as it was meant for the said Mrs.xxxx and not the Respondent, hence the Respondent’s failure to deposit the check. Since the Petitioner was aware of these facts, it is the Respondent’s considered view that the Petitioner’s subpoena is an attempt to derail these proceedings and to confuse the trajectory and import of the Respondent’s Motion for attorney fees.
Dated this………………… day of XXX.
Respectfully submitted,
________________________
Respondent/Wife
Signature
CERTIFICATE OF SERVICE
I,…………………., certify that I caused a copy of the foregoing Responses and Objections to Petitioner’s subpoena and subpoena duces tecum be served on counsel for the Petitioner this………….day of……………., XXX.
________________________
Respondent/Wife
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