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Motion to Quash


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You are going to have a hard time fighting the subpoena simply because the records they are asking for are relevant. If it is going to be a huge burden to the OC, the OC may fight it. Or if the OC has already destroyed the records, well, they can't hand over what they don't have.

They still have to get somebody from the OC to testify in order to authenticate those records. If there is no witness from the OC, you object to the records as hearsay. If they push the OC too hard without paying, the OC will eventually get pissed off, which could be entertaining.

And since this sounds like a JDB, they still have to prove that they own the account.

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The OC may fight the subpoena themselves. If the JDB (assuming it is one) didn't want to pay for the records when he bought the account, why should he do an end run now and demand them for free via subpoena? Discovery can be objected to as burdensome, and the person requesting can be compelled to PAY for the discovery. I see no difference here. If the JDB wants all the records, write a check. A buck a page or better will stop that one quickly.

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