I have been called to testify against my mother (is this a conflict of interest) in a child custody case. I am a nursing mother, my daughter does not take a bottle, and is only four months old- AND the court is 1.5 hours away. It’s extremely burdensome but I have been given a subpoena. Am I still required to go? Or can I get it excused based on th circumstances?
There is no conflict of interest in testifying against your mother. If you have been subpoenaed, you must attend, regardless of circumstances. Unfortunately the court does not really care about your inconvenience or being a nursing mother, as harsh as it sounds. There are ways to object to a personal subpoena, but without knowing more about the case and your relevancy to the case and why your testimony is needed, I cannot advise as to whether you would have any valid objections.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
You are required to comply with the subpoena. However, perhaps you can talk to the issuing party whom issued the subpoena and explain your circumstances.
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