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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118775
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can defendant properly subpoena the plaintiff's affiant to

Customer Question

Can defendant properly subpoena the plaintiff’s affiant to appear as witness at trial to answer questions if the affiant is employed by Plaintiff (i.e. affiant is not a “third-party”) -- and even if plaintiff's affiant is out-of-state?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Can you please clarify what you mean by "Plaintiff's affiant?" How are they related to the case, exactly? Who are they? How would they know if Plaintiff is employed?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for asking for me for your follow up question. Sorry for the delay in responding, as I have been out of the US.
The defendant can subpoena the plaintiff's affiant who they used to file their suit. You have the right to make their affiant come to court to testify to the contents of their affidavit. In fact, in court you have a right to object to their affidavit as being hearsay based on the irregularities you have been coming across in your case.
In order to subpoena them out of state, you need to file a motion for letter's rogatory with your court asking them to issue a request to the court where the affiant is residing to issue a subpoena to that party to appear in court to testify.
Customer: replied 2 years ago.
No problem. Appreciate your answering very much.
Customer: replied 2 years ago.
ps For some reason, system not allowing me to submit a rating... it's darkened out.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Try it again here and if it does not work let me know.