The mother of the child has custody, but is not and does not want to take care of the child. She is only fighting for custody for the financial benefits and food stamps (fraud). She is not in agreement for a new custody order with the father through mediation. Her 90 year old grandmother currently has her during her custodial period. The child is 16 months old. There are multiple members of her family that are willing to go to court in support of the father and to testify to her lack of concern for her child. She is not and never has been maternally bonded with the child. What is the procedure, after failed mediation attempts, to bring these witnesses to court. A pretrial hearing is scheduled for December 30. Should they write letters, just come to court that day or do they need subpoena?
Witnesses will need to be subpoenaed to testify. For proper trial preparation, read and comply with the Idaho Rules of Family Law Procedure, the Idaho Rules of Civil Procedure, and the Idaho Rules of Evidence.
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This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Generally, you need to subpoena witnesses to make sure that they appear. If you just ask them to show up, it is optional whether they come or not.
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