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What are the consequences for not appearing after being subpoenaed as a witness do I have to go

Bunker, MO |
Filed under: Divorce

One of my husbands good friends is going through a divorce and is fighting over custody stuff about his son. He recently called and said he recieved paperwork stating that his wife is going to supboena my husband and I both to court. We have 3 children and no one to watch then while we go and also my husband started a new job and has a 90 probation period where he can't be late or miss any work. I have known both parties for a long time and hate it that my husband and I are being drug into this. I don't want anything to do with picking sides and certainly don't want to go to court for either party. Is there any way that I can keep from having to go?

Attorney Answers 1


  1. Call the attorney that subpoenaed you. Let him/her know the situation and that you really don't want to be placed in the middle of anything. If your friend insists on calling you at trial, ask the attorney if a Motion for Telephonic Appearance can be filed so that you only have to testify by phone. Both your friend and the attorney should be very understanding about the situation and make every accommodation possible to make your involvement as seamless as possible. If you're still not comfortable, I know that I would likely NOT call you as a witness. The last person I want to call as a witness in any case is someone who is hostile to being called as one because you never know what the testimony is going to be when someone is upset at you.

    If you get nowhere with the attorney and your friend, do some research on how to quash a subpoena in your jurisdiction? Here in AZ, we'd call the pleading that you would file a "Motion to Quash Subpoena".

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