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Does it matter if the other party subpoenas your witness, not knowing they are your witness?

Hillsboro, TN |
Filed under: Litigation

This is in a custody case, she is my witness. For the kids. Does this matter.

Attorney Answers 3

  1. Best answer

    If she's a non-party, they have a right to depose her. If she's "your" witness, they aren't going to like her testimony.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

  2. They can subpena the witness. If the witness gives testimony favorable to you, thatbis their problem. Are you sure the witness wont say anything that could be helpful to them and not you?

  3. Generally anyone with factual knowledge regarding a case can be issued a subpoena to testify in a deposition or in a court proceeding. Hopefully if this person is "your" witness, the testimony she provides will be favorable to you.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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