Buffalo personal injury lawsuits, like most legal matters, tend to revolve around documents (for example, medical records) and testimony of witnesses (for example, eye witnesses and treatment providers). One method personal injury attorneys use to obtain needed documentation or the testimony of a particular witness is a subpoena, which is a legal order requiring an individual to provide the requested documentation or appear to provide testimony.
In some cases, one of the parties may issue a subpoena that the other party feels goes beyond the scope of the material they are allowed to obtain. For example, the defense may request medical records completely unrelated to the injuries suffered by the plaintiff or seek to obtain material that would be protected by the attorney-client privilege. When this happens, the other party may bring a Motion to Quash the Subpeona.
A Motion to Quash is a formal legal request to the judge presiding over the case seeking a ruling that the party being subpoenaed does not have to comply with the request. This motion will usually be argued before the judge, and the judge may also request to review the material being sought prior to making any ruling. If the judge quashes the subpoena, it does not have to be complied with.
If you have suffered a personal injury, we would be happy to help you. Please feel free to call us at 716-542-5444.
{ 0 comments… add one now }