My response:
Get a signed and dated note from her doctor that briefly explains her medical condition and that movement and stress would affect her wellbeing. Send a copy of that note, along with your letter to the issuing attorney stating that you will not be appearing. Monetary losses are not an excuse to disobey a court order. A Subpoena is a court order.
And, remember, both you and your wife are entitled to Witness Fees, each, of $35.00 plus 20 cents per mile, per person, both ways. If you both appear for the Subpoena, make sure both of you ask for your fees, and then DEMAND immediate payment BEFORE either of you give any testimony whatsoever. You both make your demand directly to the issuing attorney. Don't fall for the old dodge, "I'll pay you after you testify". Wrong. It's payment BEFORE, or no testimony. Period.
READ THE SUBPOENA for these details. If no check or cash is given to either or both of you, walk away and go home.
IAAL
[Edited by I AM ALWAYS LIABLE on 02-25-2001 at 05:41 PM]
