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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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hi. my sisters ex-husband subpoenad me to testify against

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hi. my sister's ex-husband subpoena'd me to testify against her in a custody hearing next week (served on friday, court date is on wed). i have to be out of town for work that week and do not want to jeopardize my job by rescheduling. can i motion to quash?
You can file a motion to quash, but work is often not a good enough reason to quash a subpoena if the litigant wants you there bad enough. However, you could request to submit a signed affidavit if that would be allowed by the court attesting to whatever you were going to testify to. Another option is to ask to testify by telephone, which is sometimes allowed by the court. One thing, as you know, that you should not do is merely to ignore the subpoena. Of course if your job is in jeopardy, attach a letter from your boss with the Motion. Please follow up with any questions about my answer.
Customer: replied 4 years ago.

he definitely wants me there, even though i'm probably not going to add anything of value to his case (he's pissed and this is his way of making the family "pay"). the signed affidavit would be ideal b/c i work out of town every other week and if they keep getting continuances it's going to get out of hand. do i ask the attorney on the subpoena for the affidavit option? thanks for you help!

Yes, because the attorney is the one who probably prepared the subpoena anyway, unless the party just did them himself, which sometimes happens. If you get nowhere, then file a Motion. You could discuss with the attorney that you don't have a lot to add anyway.
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