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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20234
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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My friend is currently in a divorce ( in texas) and I live

Customer Question

My friend is currently in a divorce ( in texas) and I live in DC. His wife is saying she is going to serve me a subpoena to testify in their current divorce proceedings. I want no part of it and not take sides. Is there any possible legal way she could serve me and i would have to testify?
Submitted: 10 months ago.
Category: Legal
Customer: replied 10 months ago.
34; my friend" is an ex-boyfriend who i didnt know was married at the time we met and found out several months into our relationship that he was untruthful. He was already in the process of initiating his divorce, while he was living in DC. He has since moved back to Texas ( over 1 year ago) and we are no longer together. His ex has been emailing me and threatening to have me subpoena'd on our relationship, which she is aware that has been over. Is there any legal way she can force me to give any information to her attorney, given that i currently reside in DC and they are both in Texas?
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. If a party to the divorce believes that you have information that is relevant to the case, they can indeed subpoena you as a witness. You then would be required by law to appear and testify. That said, no one can make you speak to their attorney before hand (unless subpoenaed). You must testify truthfully, but do not have to guess about facts you do not know when asked and should not allow anyone to put words in your mouth. In other words, if you don't know something, don't guess and if you don't understand a question, ask for clarification.

If you fail to show once subpoenaed, you could face contempt of court charges by the court and could be forced to appear by being escorted by the sheriff's department.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my effort to explain the law of your question to you, I will receive credit for assisting you. Thank you

Expert:  Ray replied 10 months ago.

Ray a new expert here.Texas has a 150 mile range for subpoenas.You are free to ignore it if you are served in DC, no way this is enforceable in Texas..

176.3 Limitations.

(a) Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served. However, a person whose appearance or production at a deposition may be compelled by notice alone under Rules 199.3 or 200.2 may be required to appear and produce documents or other things at any location permitted under Rules 199.2(b)(2).

(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner, or at a time other than as provided by the rules governing discovery.

They can depose you but they have to come to DC to do that and it would cost them a fortune.If they mail you or serve a subpoena feel free to ignore it in a a civil case as you can see it is not enforceable in Texas.

Expert:  Marsha411JD replied 10 months ago.

Sorry about the overpost by the other Expert. It may have caused some confusion. In any event, this was your follow up post and my response is set out below.

second part of my question:

my friend" is an ex-boyfriend who i didnt know was married at the time we met and found out several months into our relationship that he was untruthful. He was already in the process of initiating his divorce, while he was living in DC. He has since moved back to Texas ( over 1 year ago) and we are no longer together. His ex has been emailing me and threatening to have me subpoena'd on our relationship, which she is aware that has been over. Is there any legal way she can force me to give any information to her attorney, given that i currently reside in DC and they are both in Texas?

As the other Expert stated, there is a limit of distance on a subpoena in Texas, as stated in the rule he cited. However, they can depose you in DC. That is where they ask you questions and a court reporter transcribes what is asked and answered and it is used by them to determine some facts and could, theoretically be used in court if you were to be declared unavailable by the court and the information you provided relevant to the cause of action. She may just be making idle threats at this point.