Withdraw a Motion to Quash Subpoena for consumer records

Business 3 views 2 answers
The process server served the consumer with the required notice, but on the wrong date. So the production date had to be changed and a new subpoena had to be issued. The party filed a motion to quash based on the original notice and production date. I then sent a letter to the party stating I withdrew the subpoena because of the service mishap and would reissue another. So the original subpoena wasn't served on the bank, nor was the amended subpoena ever issued. The motion is still on calendar for a subpoena that doesn't exist. I have requested the motion be withdrawn, but have heard nothing. Next step?

Attorney Answers

2
Nicholas Spirtos ·
If you did not file the motion, you cannot have it taken off calendar. If you did file the motion, notify the clerk that you are taking it off calendar. Do it in writing and notify the other side. As long as you do it in writing and have a conformed copy, then you don't need to worry or do anything else.
0 upvotes

People Also Asked