In many cases, subpoenas will be issued upon a business, corporation, or other institution, in an attempt to obtain a large quantity of documents. It is quite common for individuals to receive a subpoena during a divorce action. Either they refuse to produce the requested documents, or they are unable to obtain statements because they do not have access to them.
Subpoenas are required when one person fails to comply with the other party’s discovery demands. If the need arises, we can also serve a subpoena on an individual, both during the discovery period of divorce, and in preparation for trial. Perskin & Associates P.C., we primarily subpoena records from financial institutions when the opposing party is unable to comply with our discovery demands. These documents can include bank statements, tax returns, mortgages, cell phone records, and even social media posts. The summoned party must appear and testify during a court appearance or a pre-trial deposition.Ī subpoena duces tecum, on the other hand, requires a person or organization to produce certain documents pertaining to the case. A standard subpoena simply summons a person to testify in a court proceeding. There are two types of subpoenas used in New York divorce actions: a regular subpoena, and a subpoena duces tecum. Subpoenas are common in contested divorce cases. The opposing party is usually responsible for producing requested documents, but when they fail to comply, a subpoena must be issued. Many litigants consider the discovery phase of divorce to be the most time consuming, as their attorneys are required to thoroughly review years’ worth of financial statements and property or business documents.
Contested divorce actions can be complex.
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