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I was asked to testify against my daughter, but never receiver a subpoena. Do I still need to go

Phoenix, AZ |

I was asked and agreed, but the situation has changed since then. I really don't want to do this. She is my daughter.

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Attorney answers 3

Posted

Unless you have been subpoenaed, you are not required to appear. Be sure that you have not been served, however. Failure to appear can constitute contempt, and can result in the issuance of a body attachment (which is akin to an arrest warrant).

Asker

Posted

Alright, well I will go. Thanks for the answer.

Posted

no subponea, no requirement. However, if it is the Prosecutor's Office that you originally agreed with, rest assured a subpona is on its way....

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Asker

Posted

No it's not the DA it's from the ex-boyfriend's lawyer. A child custody situation.

Posted

If this is a criminal matter then the prosecutor has to issue a subpoena for you and have you served; they may not have done so based on your agreement to appear, or because many prosecutors offices routinely do not subpoena every witness they may want to have testify. It could be that the prosecutor has decided he/she doesn't need your testimony to convict your daughter. If this is a civil matter, the lawyer wanting your testimony was required to subpoena you. Either way, as pointed out by my colleagues, no subpoena, no problem. As long as you're sure you weren't served.

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