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F

fishbowl

Guest
New Jersey:

My friend is getting a divorce and wants me and several other mutual friends to testify (TESTIFY!) at the hearing. (And my legal terminology is lousy, sorry.)

A few of us, myself included, don't want to attend, as it's half the state away and we have jobs, nowhere to stay, etc. He says he's going to subpoena us, so my question is:

Can I be compelled to attend a divorce hearing, and if so, is there a way out of it? I don't really feel like missing $96 a day 'cause I can't go to work, and I don't feel like paying for a hotel room or food while I'm out of town.
 


stealth2

stealth2

Under the Radar Member
If you're subpoenaed, you either go to court or risk being found in contempt. Why not ask your friend if he'd cover your lost wages & hotel costs?
 
I

I AM ALWAYS LIABLE

Senior Member
stealth2 said:
If you're subpoenaed, you either go to court or risk being found in contempt. Why not ask your friend if he'd cover your lost wages & hotel costs?
Click to expand...

My response:

Also, you could file a Motion to Quash the subpoena if you live more than 75 miles, one way, from the courthouse. Remember, too, if you are compelled to appear, you're entitled to your witness fees and mileage. So, call a local attorney for a telephone consultation.

IAAL
 
B

bulldogg70

Member
Why end the fun

fishbowl said:
New Jersey:

My friend is getting a divorce and wants me and several other mutual friends to testify (TESTIFY!) at the hearing. (And my legal terminology is lousy, sorry.)

A few of us, myself included, don't want to attend, as it's half the state away and we have jobs, nowhere to stay, etc. He says he's going to subpoena us, so my question is:

Can I be compelled to attend a divorce hearing, and if so, is there a way out of it? I don't really feel like missing $96 a day 'cause I can't go to work, and I don't feel like paying for a hotel room or food while I'm out of town.
Click to expand...
Why are you looking for a way out??? the excuses you provided are the standard excuses always given, meaning there appears to be something of greater value to encourage you not to testify. You can attempt to quash the subpoena.... usually to no vail. I would suggest you file a motion to appear telephonically, that is if the court allow.

I would also take the advice of the previous person; the person that is serving you should provide hotel cost and meals, that is the least, that is standard. I would suggest to him/her that that would be the least he/she could do.
 
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