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Thread: Small Problem?

  1. #1

    Default Small Problem?

    I need help on this quick and I know no one here is a lawyer, but I have this girl that wants me to testify on her behalf for a custody hearing. She is having the court issue me a Subpoena, she is requesting my address so they can give it to me. As far as I know, if I get it I am required to show up. I have told this girl on multiple accounts I am not comfortable testifying.

    She is telling me now if I don't show or I don't give her my address that I will get jail time.

    I don't know all the legals of any of this, it's late and I don't know where else to turn. Can I actually get in trouble for choosing not to testify on her behalf? I thought that the courts could not force someone to testify if they don't want to.

  2. #2
    MarchinBunny

    Default

    Typically, ya. Once you get a subpoena, you have to go and testify. Though I am not a lawyer so who knows if there is a way around it or not.

    Why are you not comfortable with testifying if you don't mind me asking?

  3. #3

    Default



    Quote Originally Posted by brabbit1987 View Post
    Typically, ya. Once you get a subpoena, you have to go and testify. Though I am not a lawyer so who knows if there is a way around it or not.

    Why are you not comfortable with testifying if you don't mind me asking?
    Because it has been years since I have seen her, I don't know what she is actually like around her kid

  4. #4
    MarchinBunny

    Default



    Quote Originally Posted by FauxPas View Post
    Because it has been years since I have seen her, I don't know what she is actually like around her kid
    Well, then if you get subpoenaed you will just have to let them know that. Tell them what you do know, and that's that. Just be honest.
    But ya, you have to go if you get that subpoena. If you don't you could end up with fines or jail time.

    Apparently ... from what I have read , the only way to get out of it is if you are some how not competent to be able to testify, due to age or illness that prevents you from recalling events and truthfully explaining them to the court.

  5. #5

    Default



    Quote Originally Posted by brabbit1987 View Post
    Well, then if you get subpoenaed you will just have to let them know that. Tell them what you do know, and that's that. Just be honest.
    But ya, you have to go if you get that subpoena. If you don't you could end up with fines or jail time.

    Apparently ... from what I have read , the only way to get out of it is if you are some how not competent to be able to testify, due to age or illness that prevents you from recalling events and truthfully explaining them to the court.
    How about not having seen her for years, does that count?

  6. #6
    MarchinBunny

    Default



    Quote Originally Posted by FauxPas View Post
    How about not having seen her for years, does that count?
    Don't think so. Because the questions they may want to ask may still be capable of being answered by you.

  7. #7

    Default

    Always an option: make it known that while you won't lie, nothing you say is gonna help her case.

  8. #8
    MarchinBunny

    Default



    Quote Originally Posted by BoundCoder View Post
    Always an option: make it known that while you won't lie, nothing you say is gonna help her case.
    True, if she believes you would actually hurt her odds, she may not try to subpoena you.

  9. #9

    Default



    Quote Originally Posted by brabbit1987 View Post
    True, if she believes you would actually hurt her odds, she may not try to subpoena you.
    She said it's too late, the subpoena is out and if it doesn't get to me or I don't show I am screwed

  10. #10
    MarchinBunny

    Default



    Quote Originally Posted by FauxPas View Post
    She said it's too late, the subpoena is out and if it doesn't get to me or I don't show I am screwed
    Well, you will be sure to get it then, and it just means you will have to go. Sorry, really wish there was some way to help.

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