Law regarding subpoenas.
Greenville, NC
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Posted 11 months ago in Litigation
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My wife and I have been subpoenaed to testify in a custody battle. The divorced parties were our neighbors and at one time fairly close friends. In the course of our association that friendship has weakened and disappeared. I assume we are being summoned because our knowledge of their relationship and with regards to several verbal outbursts made by the woman towards my wife. We really, at this point in time want no further contact with either party. We’ve washed our hands of them, so to speak. My questions are as follows:
1) I assume we cannot ignore the subpoena. What are the consequences of doing so? 2) The trail is scheduled for 3 days. Who is responsible for time and wages lost during this fiasco? 3) Can the party that issued the subpoena be sued for lost time/wages? 4) Our son was recently (last week) diagnosed with type 1 diabetes and has his first appointment with the pediatric endocrinologist scheduled during this time frame. Can we get a medical exemption because we both need to be present at his appointment? Thanks in advance for any advise. Answers (1)Lawrence Allen Stein
This attorney is licensed in Illinois and 1 other state.
Posted 4 months ago.
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1. Right. 2. Usually, you only get minimal compensation for appearing to testify, which does not mean you have to be at the whole trial and likely will not be allowed to watch others testify. But if you are a professional, such as a doctor or a lawyer, and your testimony is a result of your professional work, the judge can sometimes order one or both parties to pay you what you would have earned while you were testifying. 3. No. See 2, above. 4. Probably, but your testimony will likley simply be rescheduled to a time you are not at the endocrinologist's office.
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