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subpoena

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mokocentauri

Junior Member
I am from MD, USA.

hi,
Today I received subpoena A. vs B to me, case type FL, so I have to appear at the court. Subpoena was requested by B.

I had a relationship with A. As a consequence, B threatened me, my family, and my friends. Relationship with A ended.

Now I got this subpoena. I don't feel comfortable answering questions about my past relationship because:
1. I am afraid of B and what he can do with the information I present at the court
2. My court hearing may damage my family relationship

Do I need to obey this subpoena? Can I refuse to answer any questions?

thank you
 


mistoffolees

Senior Member
A subpoena is a court order to appear. Not a request, not a suggestion, an order. You have to appear.

You also have to answer questions. The only exception would be your right not to incriminate yourself if there are criminal matters involved.

You have two choices:

1. Show up at the court date and answer the questions

2. Get an attorney to see if they can petition the court to drop the subpoena. If your information is irrelevant, that may be possible. If your information is relevant, though, you will probably have to appear.

If B threatened you, your family, and friends, why didn't you take action? Their threats may have been illegal.
 

LdiJ

Senior Member
I am from MD, USA.

hi,
Today I received subpoena A. vs B to me, case type FL, so I have to appear at the court. Subpoena was requested by B.

I had a relationship with A. As a consequence, B threatened me, my family, and my friends. Relationship with A ended.

Now I got this subpoena. I don't feel comfortable answering questions about my past relationship because:
1. I am afraid of B and what he can do with the information I present at the court
2. My court hearing may damage my family relationship

Do I need to obey this subpoena? Can I refuse to answer any questions?

thank you
Misto may be correct, but may not be correct. You can either spell out the circumstances here and we can advise you without being in a vacumn, or you can consult a local attorney on your own behalf.

However, you cannot just ignore the subpeona.
 

Golfball

Member
Another exception would be if the court lacks jurisdiction over the person being subpoenaed, as the orders would be void.

However, quashing the subpoena (or other court order) on the basis of no personal jurisdiction could be an uphill fight, and depending on the circumstances, jurisdiction may be there anyway.
 

mistoffolees

Senior Member
Another exception would be if the court lacks jurisdiction over the person being subpoenaed, as the orders would be void.

However, quashing the subpoena (or other court order) on the basis of no personal jurisdiction could be an uphill fight, and depending on the circumstances, jurisdiction may be there anyway.
Yes, but that's not something a layman can easily determine.

As I said, OP needs to either show up in court or get an attorney to see if the supboena can be quashed (or both).
 

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