How do you subpoena someone?

[jeffmcd]

What is the name of your state? Maryland

My ex-spouse and I have settled our divorce/custody case.

My ex-spounse now says, however, that she is going to subpoena my boss regarding my income, hours etc. I don't have an attorney on hand since I thought I had settled my case. Can anyone tell me: can you just subpoena anyone even if there is no corresponding court case? Do you have to go through a judge or the court to get a subpoena or do you just need the services of an attorney?

Any help would be appreciated.What is the name of your state?

 

[DearFatMary]

What is the name of your state? Maryland

My ex-spouse and I have settled our divorce/custody case.

My ex-spounse now says, however, that she is going to subpoena my boss regarding my income, hours etc. I don't have an attorney on hand since I thought I had settled my case. Can anyone tell me: can you just subpoena anyone even if there is no corresponding court case? Do you have to go through a judge or the court to get a subpoena or do you just need the services of an attorney?

Any help would be appreciated.What is the name of your state?

You see, a property settlement and child support order is "always on the table." The divorce, itself, is the only thing that actually ends. The case number remains the same, and she's entitled to see everything you have via Subpoena of documents and persons.

No, you don't need an attorney to serve a Subpoena. However, she needs to know what to do with it once your employer is ready to comply with the Subpoena; e.g., Deposition, or have a hearing date to show up in court, etc.

IAAL

IAAL

 

[GaAtty]

Apparently from the previous response there is a vast difference in state laws on this matter. In my state (Georgia) you could not serve a subpoena at all unless there was an actual case. If the divorce is over and there is no current pending case in a court for change of support, then there is no pending case in which to do a subpoena. Of course she can file one at any time. If she filed such a case (in my state), the case number would be different, and it possibly would even be filed in a different county, depending on where you and she lived at the time. So the state laws differ substantially--check yours. As far as how you do one, your attorney gets the subpoenas from the clerk of the court, but if a person is acting pro se (representing themselves without an attorney) then they can get the subpoena from the clerk.