Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I live in California and I just got a subpoena to be deposed

as a witness for a...
I live in California and I just got a subpoena to be deposed as a witness for a court that is in Georgia. What is the protocol? What if I can not afford the travel? What if I do not have someone to care for my children?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
8/25/2013
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified

Brandon M. :

Hello there.

Customer:

hi

Brandon M. :

Thank you for your question.

Brandon M. :

Is the location for the deposition in Georgia?

Brandon M. :

I understand that the court is in Georgia, but the location may be elsewhere.

Customer:

I'm not sure

Brandon M. :

It should indicate on the deposition where it is to take place. It should give the date, time, and location.

Customer:

They had previously requested to travel here for a voluntary deposition which I was fine with unitl they said they needed me for 7-8 hours

Customer:

so I stopped responding to their requests

Customer:

Then they offered to cover child care but because I was advised the deposition was voluntary I refused

Brandon M. :

Do you have the deposition in your possession right now? It should give the date, time and location. The location of the deposition is important.

Customer:

no

Customer:

I did not open it

Brandon M. :

I trust you that you know it is a subpoena for a deposition without opening it, but how do you know it is a subpoena for a deposition if you didn't open it?

Customer:

but their entire case is in Georgia

Customer:

because they had been emailing me to be deposed and then I got cc'd on another email from the other sides attorney saying that they were going to subpoena me - the other side is contesting that it is past the dead line and I am not a key witness

Brandon M. :

That makes sense. Is the case pending in a federal court located in Georgia, or a Georgia state court?

Customer:

I believe it would be a state matter- I worked on a TV show and someone is suing the network, the talent and the production company because their was a deceased person shown ( who was blurred) and from what I have been told they felt it was defamitory to show him

Brandon M. :

Defamation would normally be a matter of state law, so I would agree with your estimate.

Customer:

so what options do I have?

Customer:

Do I need to hire an attorney if it would be too much of a financial burden to participate?

Brandon M. :

I would strongly recommend having an attorney open the envelope and respond because I strongly suspect that the subpoena for deposition will be unenforceable. Because the nuances of every case are different, if my client received a subpoena for deposition, I would basically contact the attorney or party who sent the subpoena and ask under what legal theory they believe they could subpoena my client from out of state. If I wasn't satisfied with the answer (which would be extremely likely), I would tell them (out of courtesy) that my client would not be appearing. In the hypothetical case where there was something about the specific situation that would lead me to believe that the subpoena was enforceable, there is compensation available for travel and the witness' time, but it's pretty minimal (up to $65 total for travel and time, last time I checked), so it is best to avoid if possible. The good news is that this is probably not going to take a lot of an attorney's time--maybe an hour tops--so it would be relatively inexpensive to hire someone. It would take about 5 minutes to speak with you, 1 minute to review the letter, and 5 minutes to talk to the party or their attorney.

Brandon M. :

So basically, if they want to bring you out of state to do a deposition, I would expect them to be unable to do so unless there's something unique about your case. I recommend letting an attorney handle the communications.

Customer:

Ok thank you. I will contact someone. appreciate the assistance today.

Brandon M. :

My pleasure. Did you have any other question?

Customer:

no thanks

Brandon M. :

Great, let me know if further clarification is needed, and please feel free to leave a positive rating once you are completely finished (I work for ratings).

Brandon M. :

Thank you, XXXXX XXXXX a great rest of your day!

Customer:

will do thx

Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified
Brandon M. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Hello again. I re-examined my answer to your question, and I felt that I needed to clarify it a bit. Effectuating a valid subpoena across state-lines is oftentimes difficult, if not legally impossible, but it is more possible when the deposition is to take place in the state where the subpoenaed party is served and resides. If the deposition is to take place in Georgia and the subpoenaed party resides in and is served in California, it would be extremely unlikely in any given case that attendance could be required in Georgia. In that hypothetical scenario, it is more likely that attendance could be required if the deposition were to occur in California, but there would still be multiple barriers to overcome. As I mentioned, the subpoena itself needs to be examined, and it should be quickly determined whether attendance can be compelled. If it does not appear that it can be compelled. If it does not appear that it could be compelled, I would typically call the attorney or party who sent the subpoena and just ask what exception they believe might apply. Best of luck.
Ask Your Own Family Law Question
Ask Brandon M. Your Own Question
Brandon M.
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: Attorney experienced in all aspects of family law

Brandon M. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How do I get my daughter's birth certificate amended? We
How do I get my daughter's birth certificate amended? We live in Missouri but sje was born in Florida. The man on her birth certificate is my soon to be ex husband who I had to put on there because we… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I have a 6 yr old daughter. Never married to her father. He
I have a 6 yr old daughter. Never married to her father. He is on child support. He dosent pay. He is on drugs. I have debated about getting a court order and supervised visits for him. He currently s… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm in NY. I have a question
Hello, I'm in NY. I have a question. JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you want the lawyer to know before I connect you? Customer: No thank you… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,980 satisfied customers
My daughter is 6, her mother moved her to ohio from our
my daughter is 6 , her mother moved her to ohio from our state of arizona about 7 months ago , we have joint custudy , prior to her moving she filed for emergencey custudy , our case never went to the… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
I have sole physical custody and half legal custody of my
Second opinion] I have sole physical custody and half legal custody of my son. This was granted back in may of 2017. My sons father served me with papers because he is now requesting that he has sole … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I was born out of wedlock and my birth certificate has my
I was born out of wedlock and my birth certificate has my mother's maiden name. She later married and gave me his name. When I went to work for Government she somehow had his name added to short birth… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
We've been in a custody battle for over 2 yrs now trying to
We've been in a custody battle for over 2 yrs now trying to get our granddaughters back home. One passed away while with her dad. No cause was determined by the autopsy. We have multiple contempt char… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I am divorced in the papers it says my ex can. I am divorced
i am divorced. In the hearing it was stated only my ex can claim our two kids on taxes. She has not worked in over a year. Can her new husband claim my kids on his taxes? even though the court says only she can and not myself. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I live in Kamloops, BC, Canada, about 2 hours from the
Hi my name is***** live in Kamloops, BC, Canada, about 2 hours from the border of Washington, US. My 13 year old daughter and ex wife live in Redmond, Washington, on East side of Seattle, Washington. … read more
Sue
Sue
Juris Doctorate
250 satisfied customers
My husband and I have full permanent guardianship of our 21
My husband and I have full permanent guardianship of our 21 month old granddaughter. We have been allowing short visits with her bio mom. However, mom is not taking her medication and thinks it is ok … read more
Sue
Sue
Juris Doctorate
250 satisfied customers
My x filed a motion, I filed a motion for reconsideration,
My x filed a motion, I filed a motion for reconsideration, he filed a notice of cross motion saying my motion is frivolous litigation and this is a lie along with other things in his cross motion. Wha… read more
lawyerJ
lawyerJ
Juris Doctorate
146 satisfied customers
Louisiana Intrafamily Adoption based on children's code
Louisiana Intrafamily Adoption based on children's code article 1245. Paternal father did not support or contact children for over a year. Paternal father opposed the adoption in court. The Judge term… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I am disabled and currently working on getting disability
I am disabled and currently working on getting disability benefits. My husband receives both ssdi and veterans disability benefits, and so has been the primary provider. He has left me, I'm unable to … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Barrister! I have a couple of questions.. I just received
Hi Barrister!I have a couple of questions.. I just received word that my ex has filed for custody/visitation. I've attached the photos of the filings. What happens next? Am I going to to be served? Al… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
My ex husband is on social security and I get SS for our
My ex husband is on social security and I get SS for our daughter (15yr) but in our divorce agreement he is to take care of the health insurance for all children till 18 yrs old. But as Jan 1 he no lo… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I have sole physical custody and half legal custody of my
I have sole physical custody and half legal custody of my son. This was granted back in may of 2017. My sons father served me with papers because he is now requesting that he has sole physical and leg… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Help me- I am marrired to a very verbally, and
Please help me- I am marrired to a very verbally, and psychologically abusive man- my dad owns the house we are living in- he says because he has children, (2, he has joint custody, and has them 51% o… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,266 satisfied customers
My boyfriend stopped paying his credit cards and they sent
Hello so my boyfriend stopped paying his credit cards and they sent him a court order. Does he have to go to the court? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x