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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37365
Experience:  Attorney with 16 years experience
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My 80 year old mother who is on a walker & has several medical

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My 80 year old mother who is on a walker & has several medical issues has been served with a subpoena along with my sister, brother, & brother inlaw, by my soon to be ex brother inlaw's divorce attorney. She will be asked to testify against my sister-her daughter. I do not want her to have to go thru this in her condition & at her age! Is there a legal way to avoid putting her thru this? She lives with my sister & bother inlaw mentioned above in New York State & rarely leaves the house????
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If mother has serious health concerns that would prevent her from being able to go to court or would make it extremely difficult, then she could have her doctor write a letter to the court detailing her specific health conditions and state that she can't attend for medical reasons.
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Once the doctor signs off on the letter for the court, and it is delivered to both the court and the opposing counsel, it can serve to excuse her from having to appear to testify. If the plaintiff chooses to try to force her to testify, the judge can agree to allow her to testify remotely by telephone without having to actually appear in court.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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