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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Ex Wife Executing Subpoena for Discovery Not Carried Out Before Divorce Final

    My question involves divorce in the State of: Tennessee

    My wife and her lawyer issued a subphena for a copy of the contents of a work computer's hard drives before our divorce was final. However, they did not provide the required hardware to my company before we settled and finalized the divorce.

    After the divorce was final, we got into a disagreement, and she instructed her lawyer to carryout the subphena for the copy of the hard drives. The MDA specifies that we were to each keep the belongings in our possession, and that was pretty much it.

    The hard drives in question have embarrasing stuff on it, along with source code to contract work I do on the side.

    My question is, now that the divorce is final, one, how can they execute a subphena for discovery, and two, is there a way I can realistically get a court order for her to either destroy the copy she is getting or turn it over, based on either the drives containing proprietary software source code my consulting company I have on the side owns, or simply based on the fact that she shouldn't be able to keep personal data after the divorce is final?

    I am really at a loss here on what to do, but I REALLY don't want her to be able to obtain and keep a copy of these drives to hold over my head for eternity.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex Wife Executing Subpoena for Discovery Not Carried Out Before Divorce Final

    Talk to your lawyer about (a) whether the subpoena remains valid, (b) if so, whether it may be possible to quash it given that the case is closed, and (c) if not, how you would to about getting a protective order to safeguard the contents of your computer.

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