DSS Abuse Case - Question Regarding Notice of Deposition

[c0nnerzm0m]

I live in South Carolina and am involved in a DSS case with my ex-husband. He has an attorney and I cannot afford one as I am the only parent with a job and able to support our son. A criminal case is pending for him regarding possession of child pornography and an allegation of inappropriate conduct with our son. I have cooperated with DSS and they do not wish to subpoena me for a deposition, however, I received a Notice of Deposition (Duces Tecum) from my ex-husband's attorney in the mail. I need to know whether this is a mandatory deposition or if I can elect to notify them that I do not wish to attend. Any information would be appreciated.What is the name of your state (only U.S. law)?

 

[Gracie3787]

I live in South Carolina and am involved in a DSS case with my ex-husband. He has an attorney and I cannot afford one as I am the only parent with a job and able to support our son. A criminal case is pending for him regarding possession of child pornography and an allegation of inappropriate conduct with our son. I have cooperated with DSS and they do not wish to subpoena me for a deposition, however, I received a Notice of Deposition (Duces Tecum) from my ex-husband's attorney in the mail. I need to know whether this is a mandatory deposition or if I can elect to notify them that I do not wish to attend. Any information would be appreciated.What is the name of your state (only U.S. law)?

It's mandatory unless you can get a Judge to order that you do not have to be deposed.

Contact your DSS caseworker on Mon to see if they can be of help to you.

 

[bruceleejr]

Wow a subpoena served by mail? I didn't know that was possible except for very few specific cases. I'd check on it.
Subpoenas can be quashed. Also they can be objected and then the propounding party needs a motion to compel.