Supoena after end of discovery

[lapatta]

What is the name of your state? NJ

We have an ongoing litigation going in Superior court in Middlesex county.
The discovery period for the case is over several months ago but the opposing
counsel has issued Subpoena Duces Tectum to several parties in this litigation.

Is it possible to issue Subpoena Duces Tectum after discovery period ?
Why did the court clerk sign on the subpoena ??

Appreciate your comments.

Lapatta

 

[VirginiaLaw]

Subpoenas will generally be allowed after the close of discovery in most jurisdictions unless restricted by the scheduling order or state or local rules. Subpoenas to named parties within the case are usually considered inappropriate in all instances.

If these are clerk issued subpoenas, then the clerk was likely simply processing paperwork, and didn't look to see if discovery is closed.

You can try filing motions to quash to render the subpoenas ineffectual, if they are in violation of a rule or order, you may get attorney's fees reimbursed for bringing the motion.

-P