We were recently served a “Notice to Consumer or Employee and Objection” (form subp-025). It says that the requesting party is going to seek our client’s records for examination on June 3, 2020. We would like to stop OC from filing a subpoena at all, because the client doesn’t want the witness they are attempting to subpoena to find out about the lawsuit. Would we file a motion for protective order to do this, and if so, when would we need to file by?

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Posting as :
works at
You are currently posting as works at

The form tells you how to object and the timeframe to make the objection.

smarthelpful

I don’t know if that’s enough to win, but A2 is right. Your only option is an ex parte. Some courts are persnickety and want you to file an actual noticed motion for protective order (for the soonest available date, which I’m sure is like October right now), and then move Ex parte for an order shortening time/advancing that hearing, or in the alternative, for the relief sought in that motion. I think it’s just a way to get two filing fees, but that’s neither here nor there.

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