Legalities of a subpoena?

[tilliepoo]

Im In Michigan...

My mother has been going through a divorce for over a year now and it seems to lawyers are dragging this out. We thought we were getting towards the end of all this, but our lawyer said we are still waiting for information back that she had to subpoena around 6 weeks ago...my question...do they have to respond back by a certain time frame? if not, are there any penalities for the parties involved if they dont comply?

thanks

tilliepoo

 

[Ohiogal]

Im In Michigan...

My mother has been going through a divorce for over a year now and it seems to lawyers are dragging this out. We thought we were getting towards the end of all this, but our lawyer said we are still waiting for information back that she had to subpoena around 6 weeks ago...my question...do they have to respond back by a certain time frame? if not, are there any penalities for the parties involved if they dont comply?

thanks

tilliepoo

Tillie,
You are not a party to your mother's divorce. The subpoena needs to be answered according to the instructions on the subpoena. Many times, the attorney can name their own date. If they don't comply with a subpoena the court could issue orders mandating their appearance and also contempt of court is a possibility as a subpoena is a court order.

Please realize that you are not an involved party however.

Sincerely,
Ohiogal

 

[nextwife]

Tillie,
You are not a party to your mother's divorce. The subpoena needs to be answered according to the instructions on the subpoena. Many times, the attorney can name their own date. If they don't comply with a subpoena the court could issue orders mandating their appearance and also contempt of court is a possibility as a subpoena is a court order.

Please realize that you are not an involved party however.

Sincerely,
Ohiogal

Agreed to the above,. Additionally, we do not even know when the subpoena(s) actually went out nor how readilly available the requested material may be. Files that a resource (closed loan files at a bank, as an example) may have in storage off-site can take weeks to get.

 

[tilliepoo]

I realize Im not a party in my mom's divorce..thank you.
Im just trying to help my mother out a bit by obtaining some info for her, as its clearly a stressful time for her and she is elderly.

I just wanted to find out the legalities of a subpoena.

Tilliepoo

 

[mistoffolees]

I realize Im not a party in my mom's divorce..thank you.
Im just trying to help my mother out a bit by obtaining some info for her, as its clearly a stressful time for her and she is elderly.

I just wanted to find out the legalities of a subpoena.

Tilliepoo

You should really have your mother sign up here since it's not clear what you're asking nor is it clear that you know exactly what is going on.

In simplest terms, a subpoena has the force of a court order. If you fail to obey, the court has various penalties it can use, up to and including jail time. However, that only applies when a subpoena is properly prepared and served. Furthermore, the receiving party has the option to try to quash a subpoena if it is irrelevant or unduly burdensome. There is a lot involved and if your mother is lost at this early stage, she needs an attorney.

 

[tilliepoo]

As I had mentioned, my mother is elderly, and does not use the computer.
She is also not "Lost" and near the ends of the divorce, and has an attorney. All I wanted to know is the legalites of a subpoena, which was answered. Thank you mistoffolees for your resonse..that is all I needed.

Tilliepoo

 

[Zigner]

As I had mentioned, my mother is elderly, and does not use the computer.
She is also not "Lost" and near the ends of the divorce, and has an attorney. All I wanted to know is the legalites of a subpoena, which was answered. Thank you mistoffolees for your resonse..that is all I needed.

Tilliepoo

These are questions that your mom should be asking her attorney. Good day.