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An 8 yo girls do 6 yo boy that I am the guardian of were the

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victims of molestation in Oklahoma...
An 8 yo girls do 6 yo boy that I am the guardian of were the victims of molestation in Oklahoma. We move them into our home to end the abuse in Arkansas 1.5 years ago. Now the man is going to court, after he gave a full confession. We received a phone call this morning that we HAD to appear in court Monday, 6 hours away. They claim they have sent subpoenas, but they were never received. They said they mailed them, then in next sentence told me they needed a current address? My main question is: if they do send a subpoena thru certified mail from Oklahoma, as a resident in Arkansas do I have to take them to testify even though they have done multiple video depositions. One of the children has already been hospitalized in an inpatient treatment facility over this incident, and these kids cannot handle testifying, even their dr and therapist agrees!
Submitted: 2 years ago.Category: Family Law
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Answered in 11 minutes by:
8/25/2015
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
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Hello

This is Samuel and I will discuss this and provide you information in this regard.

Yes. that is correct. Under the OK Rules of Civil Procedure 12-2004 Process , the subpoena would need to be served in person or by mail

​Service of a subpoena by mail may be accomplished by mailing a copy thereof by certified mail with return receipt requested and delivery restricted to the person named in the subpoena.

If it is not mailed CMRRR or it is not hand delivered by a person at least age 18 who is not a party to the proceeding, then the service is not compliant.

I suggest, they might have sent a Subpoena to the last known address, but that is not sufficient. If you get a subpoena, you can certainly file a Motion to Quash, explaining the toll it is taking on the children.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

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Customer reply replied 2 years ago
But my question is: can an Oklahoma court send me a subpoena on a minor and I HAVE to appear?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Yes. If you get the subpoena properly served, you would be legally obligated to appear. Or you can file a Motion to Quash based on the emotional well being of the children.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

If the subpoena is just for your appearance, you can file a Motion to Quash based on distance and request your testimony be given in another form. If you do not appear, you are violating a direct Order of the court and can be held in contempt.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

I apologize I was not more clear. I read your original question regarding service and what is proper service.

As it reads " if they do send a subpoena thru certified mail from Oklahoma, as a resident in Arkansas do I have to take them to testify even though they have done multiple video depositions. "

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

And the following may be helpful for you

Under Oklahoma rules of civil procedure,

PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

1. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney, or both, in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.

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Customer reply replied 2 years ago
I see what I wrote and I still see it asking specifically about the different states
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you. And the answer is yes. Out of state subpoenas are legally binding if they are properly served. I apologize for my confusion and thank you for the clarification.

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Customer reply replied 2 years ago
My question is: do I have to obey an Oklahoma subpoena for a minor who resides in another state, or are the other parties required to obtain a subpoena in Arkansas?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago

I apologize again for my confusion. If the out of state subpoena has been registered with the clerk of the court in the county where you live, and then mailed to you certified mail with return receipt requested, it is a valid Order. If they have not first had it filed/registered/certified with the court in your county and only mail it certified, it is not a valid Order. Many times, if they have it registered with the clerk of the court, they will do that via a process server in the state and county where it is to be served and get it all done via the process server. I don't know why I was thinking that had been done.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
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