Question of legality / courts

GoldenRivet · 07-23-10, 02:12 PM

Lets just make this a hypothetical question (no... its not happening to me) but the question has relevance to a discussion i am having with others elsewhere

----

A married couple separates, and divorce has been filed.

She moves out to a rent house on the other side of town, the husband stays put.

The woman, within days of the separation and the move meets a gentleman at a social gathering in public.

It comes to her attention that this gentleman she is introduced to is twice divorced and living single with children of his own - much in similarity to the situation she finds herself in.

the two become fast friends, and he is someone she can confide in and seek advice from - normally in a social setting among other friends and acquaintances, occasionally in the privacy of their own homes.

the husband of this woman, subpoenas the gentleman to appear in the divorce hearing for an unknown reason... however, he has claimed that he suspected them of having an affair for at least 2 years if not longer, and is claiming this infidelity is the reason for her wanting a divorce.

in fact, the gentleman and the woman have only known one another quite casually for a matter of 3 or 4 weeks.

enter the "motion to quash"...

a motion to quash seeks to nullify a subpoena based on a number of grounds.

in this particular case, the gentleman wishes to file a motion to quash based on the fact that he has only really known the woman for a matter of a few weeks, and his participation in the divorce proceedings would not only be unnecessary but would have little or no relevance to the case at hand.

those of you legal savvy... what is your opinion?

is a motion to quash appropriate?

is it appropriate to file a motion to quash based on the fact that you are subpoenaed to appear in court on behalf of (or against) someone you have only known for a few weeks?

lets hear it on this hypothetical situation

07-23-10, 02:12 PM	#1
GoldenRivet Subsim Aviator Join Date: Mar 2007 Location: Texas Posts: 8,726 Downloads: 146 Uploads: 0	Question of legality / courts Lets just make this a hypothetical question (no... its not happening to me) but the question has relevance to a discussion i am having with others elsewhere ---- A married couple separates, and divorce has been filed. She moves out to a rent house on the other side of town, the husband stays put. The woman, within days of the separation and the move meets a gentleman at a social gathering in public. It comes to her attention that this gentleman she is introduced to is twice divorced and living single with children of his own - much in similarity to the situation she finds herself in. the two become fast friends, and he is someone she can confide in and seek advice from - normally in a social setting among other friends and acquaintances, occasionally in the privacy of their own homes. the husband of this woman, subpoenas the gentleman to appear in the divorce hearing for an unknown reason... however, he has claimed that he suspected them of having an affair for at least 2 years if not longer, and is claiming this infidelity is the reason for her wanting a divorce. in fact, the gentleman and the woman have only known one another quite casually for a matter of 3 or 4 weeks. enter the "motion to quash"... a motion to quash seeks to nullify a subpoena based on a number of grounds. in this particular case, the gentleman wishes to file a motion to quash based on the fact that he has only really known the woman for a matter of a few weeks, and his participation in the divorce proceedings would not only be unnecessary but would have little or no relevance to the case at hand. those of you legal savvy... what is your opinion? is a motion to quash appropriate? is it appropriate to file a motion to quash based on the fact that you are subpoenaed to appear in court on behalf of (or against) someone you have only known for a few weeks? lets hear it on this hypothetical situation __________________