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  1. #1
    Small Zoo is offline Junior Member
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    Question Witness in Child Custody

    What is the name of your state? IL

    I was listed by my brother-in-law as a witness that I have seen him with the child in question. Along with his other friends, family memmbers, and teachers. Now he tells us, his lawyer will be sending us paperwork that we HAVE to appear in court. I never signed anything that said I would go to court for him. I can't do the traviling to where his court will be held, sit in the court room for hours at a time. I will be 7 1/2 months pregnate by then. The court house is over 1 hour away, then to sit in the court room for hours with out eating or having to use the restroom? Can his lawyer do this? Can they Make me go to court when I never signed anything stateing that I would? If we HAVE to go, what if we don't?

    Thanks

    Small Zoo
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Small Zoo
    What is the name of your state? IL

    I was listed by my brother-in-law as a witness that I have seen him with the child in question. Along with his other friends, family memmbers, and teachers. Now he tells us, his lawyer will be sending us paperwork that we HAVE to appear in court. I never signed anything that said I would go to court for him. I can't do the traviling to where his court will be held, sit in the court room for hours at a time. I will be 7 1/2 months pregnate by then. The court house is over 1 hour away, then to sit in the court room for hours with out eating or having to use the restroom? Can his lawyer do this? Can they Make me go to court when I never signed anything stateing that I would? If we HAVE to go, what if we don't?

    Thanks

    Small Zoo
    Its called a subpoena and yes they can make you show up for court. A subpoena is a court order!
    You will not be forced to sit in the courtroom for hours on end. You will be in a holding area (where you will be able to go to the bathroom and even eat or drink) until you are called to testify and then you will give your testimony, be cross examined, redirected and leave. You do not have a choice when you get a subpoena. If you do not show up, you can be charged with contempt of court which is punishable in many areas by fines and/or jail time.

    As for traveling, if you don't have a medical excuse stating you can't travel anywhere or putting you on bedrest and the other side can prove that it is to get you out of court, then you also can be found in contempt. 1 hour is not far. However local rules may demand that they pay you for travel and such so that you can attend.

    It doesn't matter if you didn't sign anything stating that you would testify. It really doesn't.
  3. #3
    Small Zoo is offline Junior Member
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    Angry .....

    Well Poop... I Never wanted to be involved in this. Thanks for the help...
  4. #4
    weenor is offline Senior Member
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    Quote Originally Posted by Ohiogal
    Its called a subpoena and yes they can make you show up for court. A subpoena is a court order!
    You will not be forced to sit in the courtroom for hours on end. You will be in a holding area (where you will be able to go to the bathroom and even eat or drink) until you are called to testify and then you will give your testimony, be cross examined, redirected and leave. You do not have a choice when you get a subpoena. If you do not show up, you can be charged with contempt of court which is punishable in many areas by fines and/or jail time.

    As for traveling, if you don't have a medical excuse stating you can't travel anywhere or putting you on bedrest and the other side can prove that it is to get you out of court, then you also can be found in contempt. 1 hour is not far. However local rules may demand that they pay you for travel and such so that you can attend.

    It doesn't matter if you didn't sign anything stating that you would testify. It really doesn't.

    I will add that you will not be required to sit still in the court room without food or water for "hours at a time". In fact, you mostly likely will not be allowed in the court room until it is your turn to testify. In addition, the court will likely take a lunch break. Your are pregnant not an invallid, so it is unlikely that the judge would excuse you from being there.

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