Motion to quash


#1

I sent subpoenas to get employer records and I did try to send to the company by certified mail but it was returned due to change of address. When I called the company, they told me that I could fax the subpoena to them. I am doing this pro se now and I had the clerk sign the subpoena and then I faxed it instead of sending certified mail. Was that not the procedurally correct way to do it. Should I have sent it certified mail? My ex has not produced any kind of record I have requested for 2 years and he and his attorney always come up with reasons to get out of it. He has listed every possible reason he could to quash the subpoena: procedurally incorrect, confidential information, etc. Will it be up to the judge to quash it or will it be based on all his reasons?

Can I resend the subpoena certified mail or do I have to wait until we go to court now since he has sent an objection, motion to quash, and request for attorney fees?

Also when I called to get information about phone records of his girlfriend who was supposed to have been a witness to an incident pertaining to my son, I was told that I could fax the subpoena to them. It seems to me that a fax machine is proof that it was served as I have a receipt showing that it went through. His attorney faxed a subpoena to the phone company to get my records and didn’t even send me a copy of the subpoena. Are attorneys allowed to fax subpoenas? If so, shouldn’t everyone be allowed to fax subpoenas and use the receipt that transaction was completed as proof of service?

In his motion to quash, he states that the subpoenas should be quashed pursuant to Rule 45 © (5) of the NC Rules of Civil Procedure. Can he do this? I am still trying to find out exactly what that is.


#2

A fax is not a proper method of service of a subpoena, even if the transmission can be proven, even if the person sending it is an attorney. It must either be served via certified mail, sheriff’s service, or a process server.
The judge will rule on the motion, the subpoena will not simply be quashed upon his motion. You may reserve the subpoena.


#3

I just re-served the subpoenas via certified mail. Do I need to send another copy of each to my ex’s attorney showing that they were served properly since they listed that as one of the reasons to quash the subpoenas?


#4

Yes.