any way not to testify when I've been subpoenaed?
my brother is taking his ex-wife to court to get full custody of their daughter. my brother and i don't get along but i get along with his ex and baby-sit my niece quite often. due to the things i've heard and seen throughout the last few years she asked me to tesitfy in court. i said no so she had me subpoenaed. i am 5 months pregnant and having problems with the pregnancy. i've been off an on bed rest since 2 months. is there any medical way to get out of testifying to keep the stress on me reduced so that hopefully i can carry this baby to term and not have any more medical problems while doing so?
- SeahawkFan37Lv 51 decade agoFavorite Answer
Once you have been served with the subpoena there is no way you can get out of testifying, otherwise you would be in contempt of court and could go to jail until you decide to testify.
- CarlLv 71 decade ago
You need to speak with an attorney right away. The subpoena is essentially a court order. If you cannot reach an agreement with your ex-sister-in-law or her attorney on conditions that would make it easy for you to testify, then you need to file an appropriate motion with the court. Medical problems can sometimes be used as an excuse to delay testimony, but you probably can't put this off forever.
- Nancy LLv 41 decade ago
Call the Chamber of Commerce in your city. They can give you the name of your "County Attorney". Call him (or her) & explain the situation--that you're on bed rest & you got a subpoena to testify. Make sure your Dr backs-up your bed-rest-status. The County Attorney will be able to give you advice (free). I may be that you can give an affidavit of your statement in lieu of a court appearance.
Consider this....is your niece better off with the father or the mother? The child is the biggest concern here. Your brother must have a very good reason for attempting to get full custody. These days, custody is often shared "jointly" with physical placement at only one address. If your brother is going to sue for custody on grounds that the mother is "unfit", he will need to back it up with facts & witnesses. It is very hard to prove,
otherwise.Source(s): exsecretary to an Attorney
- 1 decade ago
You have to show up, otherwise you will be in contempt of court and they could issue a warrant for your arrest (if the court wants to go that route). You could try writing a letter to the judge about your health issues and have your physician send a letter as well, but I don't think that would let you off the hook.
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- sunkissedLv 61 decade ago
You need to do what is right! You can testify by deposition, even if it's done over the telephone! If you have information that is pertinent to the well being of the child, YOU NEED TO SPEAK UP!! There is a child in the middle of this. Good Luck!!
- Marshall LeeLv 41 decade ago
Call a lawyer. medical considerations can be made for your testimony. More than likey they will come to you - judge included. But most likely you will testify in some fashion.
- Anonymous1 decade ago
im not sure about medicaly, but shes bein a ***** and plus it sounds like most everything is hear-say anyways and therefore not aplicable in a court of law. you should point this out to her and ask her to revoke the supena
- 1 decade ago
Once those papers are in your hands, you have to show or you are in contempt of the court.