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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33775
Experience:  Began practicing law in 1992
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Someone is trying to serve me a subpeona to testify as a witness

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Someone is trying to serve me a subpeona to testify as a witness in a divorce trial. What will happen if I am not available for them to serve me?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Nothing will happen to you if you don't get served. The subpoena is only effective after it is served.

Customer:

The attorney made it sound as if there would be trouble from the judge if I avoided the subpoena server.

JD 1992 :

They have no way of getting you in front of the judge without a subpoena.

JD 1992 :

They'll threaten you and a judge might be miffed if you dodge service, although I've never really seen them care much, but there's nothing that can be done because a subpoena is only effective after it has been served.

Customer:

Do you have any further information?

JD 1992 :

The burden is on them. If they had needed your testimony that bad then they could have takedn your deposition.

JD 1992 :

I'm not sure what further information you need. I'm more than happy to answer any questions you have.

Customer:

Thank you

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