Third Party Witness in a divorce

[Nablub]

What is the name of your state (only U.S. law)? SC

A friend of mine filed for divorce because her husband was caught cheating with a coworker. His lawyer issued a subpoena to me (I am a male) saying that his wife and I were having an affair, which we were not. They want me to bring my phone records in for the past 7 years along with any receipts for any gifts or any diaries I have kept during our "romantic relationship".
There were no gifts exchanged or diaries kept on either side. All we did was talk to each other on occasion.
My questions are:
1. As a third party witness, do I have to give up my phone records? I do not want them having access to all my personal and business contacts. Can I say that is a "burden" so I was unable to comply?
2. Would there be a basis for a defamation lawsuit by me against the husband for making false accusations and trying to break up my marriage?

Thanks for the help.

 

[Isis1]

What is the name of your state (only U.S. law)? SC

A friend of mine filed for divorce because her husband was caught cheating with a coworker. His lawyer issued a subpoena to me (I am a male) saying that his wife and I were having an affair, which we were not. They want me to bring my phone records in for the past 7 years along with any receipts for any gifts or any diaries I have kept during our "romantic relationship".
There were no gifts exchanged or diaries kept on either side. All we did was talk to each other on occasion.
My questions are:
1. As a third party witness, do I have to give up my phone records? I do not want them having access to all my personal and business contacts. Can I say that is a "burden" so I was unable to comply?
2. Would there be a basis for a defamation lawsuit by me against the husband for making false accusations and trying to break up my marriage?

Thanks for the help.

get a consult with an attorney of your own. i'm almost positive you can stomp the subpeona for the diary and gift recipts. by responding there are no such items.

now, for the phone records....wait for other responses.

 

[tranquility]

As to #2, not for the subpoena. The immunities involved will make it impossible to prosecute a suit no matter what.

For #1, you only have to bring the records you have. You don't have to go to get more or create anything as you are not a party. You only need to "stomp" those things you are going to turn over so don't worry about those things you just don't have. 7 years and the other things certainly seem overbroad and burdensome, but I think it probably better to testify than spend the money to try and quash for phone records.

 

[Nablub]

A side note, I do not have easy access to the phone records. It is a family account that is under the name of my mother-in-law and she gets the bill at a different address. I would rather not get her involved.

 

[Zigner]

A side note, I do not have easy access to the phone records. It is a family account that is under the name of my mother-in-law and she gets the bill at a different address. I would rather not get her involved.

That actually makes it easier. YOU have no phone records.

 

[Isis1]

That actually makes it easier. YOU have no phone records.

HA! guess hubby is out of luck then!!!!

 

[tranquility]

I agree with Zigner, depending on the wording of the subpoena. Even if the subpoena wording would not prevent discovery, that seems well outside what you should provide underacted.

I'd stop with the protestations about who will know about this. Everyone will know. The other side will make sure of it.

 

[Nablub]

I don't want them to have access to my contacts. I heard he is refusing to bring his phone records in stating they are business confidential and causing him a burden. I own my own business and would not want my client list to get in the wrong hands either.
Would it be best to bring what phone records I can scrounge up or nothing at all stating the above?
Thank you.

 

[Zigner]

I don't want them to have access to my contacts. I heard he is refusing to bring his phone records in stating they are business confidential and causing him a burden. I own my own business and would not want my client list to get in the wrong hands either.
Would it be best to bring what phone records I can scrounge up or nothing at all stating the above?
Thank you.

What phone records? You don't have a phone.

How, EXACTLY, is the subpoena worded?

 

[Nablub]

While it is true I do not have a phone in my name, I do have a phone.

The wording is:

"All monthly mobile telephone statements for you personally, or any accounts you have access to or are liable for (including but not limited to prepaid phones, "pay as you go" phones, tracfones, or related,) since you began a romantic relationship with XXXXXX XXXXX, through and including the most recent date. These statements should provide details of all calls and texts, sent or received."

Since I never had a romantic relationship with her, I assume they are refering to the time frame I have know her.

 

[Zigner]

You have never had a romantic relationship - as such, you don't need to turn anything over.

 

[Nablub]

Would that work?

When he was caught and his wife went to an attorney, he immediatly went to his attorney and threw out the accuations that she and I were having a romantic relationship and denied his involvement with anybody. He told his attorney that his wife addmited to a sexual affair with me, she never said anything remotly like that. I assume his attorney has to believe what he says at this point.

An quick update. I called his attorney to reschedule deposition because of a schedule conflict on my part. They rescheduled for the next day, which is fine but then immediatly called me back and said I have to be there at the original time or they will "send the sheriff to my house" to pick me up. Do they have to make some concessions for my schedule or are they allowed to do that?

 

[tranquility]

Would that work?

They ask precisely and you answer precisely, that's what the law is all about. If you're so worried about things, get an attorney for the deposition/hearing. They can object to problems in the questioning.

An quick update. I called his attorney to reschedule deposition because of a schedule conflict on my part. They rescheduled for the next day, which is fine but then immediatly called me back and said I have to be there at the original time or they will "send the sheriff to my house" to pick me up. Do they have to make some concessions for my schedule or are they allowed to do that?

If you were represented, this would easily be handled. To go through all the possibilities otherwise would take too much time.

I suggest getting an attorney. I suspect your testimony is going to be problematic and the other side is going to hurt you.

 

[Nablub]

An attorney would definitely help I know, but they are expensive and it doesn't see fair/right that I have to spend money to defend against someone else's false accusations.

I hope my testimony wont be problematic.

I suspect the only reason I am going down there is so they can hurt me.

 

[mistoffolees]

While it is true I do not have a phone in my name, I do have a phone.

The wording is:

"All monthly mobile telephone statements for you personally, or any accounts you have access to or are liable for (including but not limited to prepaid phones, "pay as you go" phones, tracfones, or related,) since you began a romantic relationship with XXXXXX XXXXX, through and including the most recent date. These statements should provide details of all calls and texts, sent or received."

Since I never had a romantic relationship with her, I assume they are refering to the time frame I have know her.

Do not assume anything. The law is very literal.

I would respond with something along the lines of:
"Since there is not and has never been a romantic relationship with xxx, there are no phone records that occurred after that time."

I would also add:
"I am not liable for any phone bills nor are there any phone records in my name and there are therefore no records to be produced."

Never give more than the order specifically asks for. In this case, you give them exactly what they asked for - which is nothing (for two reasons).

That's one of the reasons it is usually helpful to have an attorney. People often get in trouble by saying too much.