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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!
 
Posts: 95 | Location: Granbury, Texas | Registered: August 24, 2007Reply With QuoteReport This Post
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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.
 
Posts: 2330 | Registered: February 07, 2001Reply With QuoteReport This Post
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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.
 
Posts: 95 | Location: Granbury, Texas | Registered: August 24, 2007Reply With QuoteReport This Post
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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).
 
Posts: 2330 | Registered: February 07, 2001Reply With QuoteReport This Post
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