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CJShanna3, Private Investigator
Category: Legal
Satisfied Customers: 253
Experience:  Over 7years extensive Criminal Justice educ.Extensive Priv.Sec background
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what does it mean when you are served a court sopena And ...

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what does it mean when you are served a court sopena? And do you know what a certificate of discovery or writ of summons means regarding civil court cases?

Hello. When a person receives a summons to appear in court, it means that they HAVE to appear or they risk a "bench warrant" to bring them to court and find out why they did not appear. It could be for many reasons, maybe you are a witness to something, maybe you could provide valuable testimony, etc. I have pasted a website below for you to view in reference to writ of summons and cert.of discovery. I hope this has been helpful. --- CJShanna3


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MegaLawSERVE -- Maryland Rules of Civil Procedure

Customer: replied 10 years ago.
Reply to CJShanna3's Post: I didn't receive my subpena yet but was told someone was at my house when aI wasn't home to receive it. Do I need a lawyer to represent me & since the case involves a law suit my husband is filing & I'm listed as a plaintiff can I legally testify against him. He says I am a hostile witness since I disagree with the suts claims.

Can you give me some specifics of the case? Hostile or not, depending on the case, a spouse does not have to testify against their spouse in a criminal trial. Civil trials are different on many levels. Let me know a little more about this case and your role in it and I will be able to help you better. Thanks. --- CJShanna3

Customer: replied 10 years ago.
He was in a car accident 7 yrs ago & never told me that the case has not been settled. We don't have great communication & I wasn't even aware I was listed as a plaintiff. I called & spoke to the guys wife that hit him & told her that I was glad all was taken care of, that luckily he was not in our vehicle & that back injury that he had was triggered from an injury he had many years before. Needless to say she then informed me that there was still an active suit & she appreicated my calling & trying to cler things up He lawyer then called my husband's lawyer & now I may be called to court. Also workers comp was invovled as they paid for all his time off & medical bills.

Thanks for the additional information. This is a very tricky and complicated situation. There are many factors to take into consideration. Under Maryland Law, a spouse is entitled to keep any communications with their spouse private, thus, making them an incompetent witness to any court case. Now this can be disputed if you were either separated when this communication occurred, the communication was not considered to be a private matter, or you wish to add your input. As the spouse, you have the right to either waive your testimony or exercise your right. If you were separated during this time that your spouse gave you any incriminating evidence, you may be forced to testify. If you have the money to retain a lawyer to simply represent you long enough to try to exempt you from this proceeding, I would recommend doing so, if anything, for the sake of harmony. Depending on any of the above I have mentioned, you may be forced to still testify unless you were actively married at the time any evidence was disclosed to you. I have pasted a site below that will help you better understand your rights. Good luck to you. --_ CJShanna3


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