Plevy v. Plevy

GLICKSTEIN, Judge.

This is an appeal from an order, which denied the former wife’s motion for protective order. We have elected to treat the matter as a petition for writ of certiorari; and we grant the relief sought herein.

The issue is whether a subpoena duces tecum for deposition and notice of taking deposition should be quashed when served by a former husband upon a former wife without there being any petition for modification or other relief pending before the court. We conclude both should have been quashed.

The question of the propriety of permitting discovery in the absence of a pending…