I've filed a motion to quash the subpoena for "attorney correspondence" related to a case I declined.
The defense attorney is trying to argue that my correspondence is not "in anticipation of litigation" if it consists of my reasons for declining a case.
I can't find anything directly on point. Here are the cases I'm using so far:
Hankins v. State
In re Bexas County Criminal District Attorney
Ladd v. State
Pope v. State
State ex rel Curry v Walker
Whitaker v State
Woodruff v State
As always, your input is valued!
Under what provision was the application for subpoena requested/issued? If there was no pending criminal case/action/proceeding, then arts. 24.01 or 24.03, CCP do not apply.
The subpoena was issued in another case where the defendant was allegedly the victim.
Both were out of the same incident. The defendant made a walk-in report of assault against the victim after bonding out of jail.
I rejected the defendant's assault claim and filed the victim's.
Another common ground for quashing a subpoena duces tecum is stated in Luvano v. State, 183 S.W.3d 918, 924-25 (Tex. App. 2006).
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