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  1. #1
    djohnson is offline Senior Member
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    How to get out of a subpoena

    What is the name of your state? TN

    What is the best thing to do, or is there anything you can do to get out of going to court once you have been served with a subpoena? It is a custody case I do not want to be used as a pawn against either parent. It's bad enough the kid is already in this position, without making other adults in his life take sides.
  2. #2
    seniorjudge Guest
    Q: What is the best thing to do, or is there anything you can do to get out of going to court once you have been served with a subpoena? It is a custody case I do not want to be used as a pawn against either parent. It's bad enough the kid is already in this position, without making other adults in his life take sides.


    A: I don't blame you. The only way out is to ask the person who served the subpoena to let you out. Tell them why. Any lawyer with any sense does not want a reluctant witness, especially in a custody case.
  3. #3
    djohnson is offline Senior Member
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    I am being called by an ex to a family member, against a family member. The oldest son of the family member resided with me for several months and continues to be a frequent visitor in the home. I think they are going to play on that father/son relationship that I have witnessed. However, there is an age difference and either way I go I can cause even more family problems along with hurting a child. I just don't want to be a party to it. I don't think the attorney will care if I want to be there or not. It's not in my nature to lie, and they are playing that. I just hate the consequences of these petty problems that parents should have been able to work out without going to court.
  4. #4
    seniorjudge Guest
    I guess you could answer, "What kid? My memory is getting so bad."
  5. #5
    rmet4nzkx is offline Senior Member
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    If the child has resided with you then you have a significant relationship with the child and the person who subponeaed you has some respect for your honesty, look at it that way and do what is in the child's best interest, testify truthfully to what you know.
  6. #6
    djohnson is offline Senior Member
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    It's the younger sibling that is in question now. I would just as soon take him too. I just don't want to hurt any child. I think it's bad enough both kids (different mothers) have been put in the middle of the fight, I don't want to take sides and make even my home not be a safe haven for either child. I just think it's unfair that I am now being used too. I won't lie, I think the childs welfare is to important for that. But truthfully, what kind of parents keeps putting the children through this? I think they both may be unfit.
  7. #7
    seniorjudge Guest
    But truthfully, what kind of parents keeps putting the children through this? I think they both may be unfit.

    Say that under oath.

    That will perk up the ears of the judge!
  8. #8
    Jillian483 is offline Member
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    Mar 2005
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    Not taking sides

    You are not there to take sides, you are there to tell the truth. You cannot really be asked a lot of opinoin questions about who you feel the children are best off with because you have no place to say. They can ask you questions like who you see is more able to work with the other parent. You should inform the judge that you cannot answer a lot of questions fully becasue you are inbetween a he said she said situation and you do not know which parent is telling you the truth.
  9. #9
    Grace_Adler is offline Senior Member
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    I don't know if it's possible to get out of a subpoena. I mean it probably is but you better be careful to go through the right people and the proper procedure because if you've been summoned as a witness and you don't show up, they could issue a bench warrent for you and put you in jail or come pick you up at work or home and MAKE you go.

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