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Subpoena for Divorce Case: Do You Have to Answer?

San Elijo Hills, CA – Have you received a subpoena from a California family court? If so, you may be wondering how to respond. Of course, the right thing to do would be to answer the call to go to court and do as the court directs. However, there may be circumstances that cause you to want to ignore the notice. Is this a good idea? Is it even legal?

Hire a Qualified Divorce Attorney

“Subpoenas have to be filled out in a specific manner. If this protocol isn’t followed, they will have zero effect,” said California family attorney John Griffith of Griffith, Young & Lass, serving clients in Carlsbad and San Diego.

To ensure the court will accept and enforce the subpoena, you will want to hire a qualified attorney to draft the paperwork properly. If you are the one who has received a subpoena, an experienced divorce lawyer can guide you on the proper course of action so that you don’t face any penalties by not showing up as directed.

Subpoena For Divorce Case
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Answering the Subpoena

There are two types of divorce subpoenas, party and witness depositions. A party is someone who is joined in the divorce case, such as a husband or wife of the party in the case. The person receiving the subpoena will get a formal written request from the other party’s lawyer, in most cases. It is also possible for someone self-representing to send a subpoena, but those cases are rare.

If you are required to show up to court to provide testimony, you may be required to show certain documents, such as bank records or lease agreements. Your divorce attorney can object to the demand, as long as it falls within the timeline established by the order.

Witness Depositions

If you are issuing a subpoena for a witness or you have been subpoenaed as a witness, this is handled a bit differently in California family court. Witnesses are served by deposition subpoenas, which – just like party depositions – can also include a request to produce certain documents.

What to Expect During a Deposition

The good news is that by hiring a qualified divorce lawyer, you don’t have to be present at the deposition, though it is recommended that you are. You should help your lawyer prepare by providing all necessary and truthful information.

Depositions are usually held in conference rooms or offices. There is usually a court reporter present and the person giving the deposition will be placed under oath. This also means that there will be a record of the divorce deposition. There will be breaks provided, and you can discuss your deposition with your attorney during these breaks.

What if You Don’t Go?

The subpoena to appear in court is a legally binding court order, which means that failure to abide can result in a finding of contempt, and ultimately a short stay in jail.

Don’t risk it. Whether you want to file a subpoena to have a party show up in court or you received a subpoena for a divorce and you don’t know how to proceed, contact the experienced divorce attorneys at Griffith, Young & Lass, now serving clients in San Diego and Carlsbad, CA.

© 2018 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, CFLS
Family Attorney Amy J. Lass, CFLS

Family Attorney, Amy J. Lass, CFLS

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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