njbigtex said:
NJ - is a "fault" state. An initial divorce claim has been filed for "extreme mental abuse" the husband is now counter sueing his wife for adultery, and has named me in a counter claim. His lawyer has subpeonaed me for a deposition. I live in another state. IS THIS LEGAL? Can they subpeonae me from one state to the other? What can I do? Does this have any bearing on the Initial Fault of the divorce? Or is this just good-old-fashion mudd slinging?
Need Help please.......NJbigtex
My response:
A subpoena from one State, served in another, is absolutely worthless - - unless you carry on some sort of ongoing relationship with the Forum State; e.g., you own land or have a business in the Forum State. In other words, you must have some sort of "minimum contacts" with the Forum State in order for the court to obtain jurisdiction over you. Anything less than that, they'll just have to wait for you to "step a foot" onto the soil of the Forum State before their subpoena is any good. They're obviously hoping you won't know this little tid-bit of information, and merely show up.
In reality, this is a Constitutional / State's Rights matter / question, having to do with the rights of a State to protect its own citizens, and to protect its own sovereignty.
IAAL