Is a subpoena not issued by a court order legal? Do I have to go?

[iamfrustrated]

My wife took her ex husband (a wife beater) to court recently for 4 years of nonpayment of child support. He was found guilty and had to pay. After court, he told her that he will do everything he can to ruin her financially and will get his revenge. He has created false charges against my wife, stating she turned the children against him (the girls, in their late teens despise him). Her attorney said anyone can have their day in court for any reason and there is nothing that can be done. So, during this process, my wife was subpoenaed for deposition and now I've received a subpoena for one. This is obviously an attempt to try and contradict my wife's deposition. I have just lost my job thus living on a very tight budget. What can be done?
With her ex salivating on the sidelines waiting for the kill. What can I do to prevent going to the deposition? Can I delay it the way his attorney continues court dates? Since the subpoena was not issued by court order and appears to only be a subpoena commanding me to appear by his attorney, I don't see a court ruling so is this legal?
And what else can be done to stop the legal fees draining our accounts on these frivolous charges he will continue to bring against her?

 

[army judge]

What Is the Difference between a Deposition Subpoena and Other Subpoenas?

A deposition subpoena requires a non-party to testify and/or produce documents during the informal pre-trial discovery phase of the lawsuit. A deposition will take place outside the courtroom, usually in an attorney's office. In contrast, a subpoena to testify or subpoena duces tecum (to produce documents) requires a non-party to testify and/or produce documents in a formal court hearing.

If you Have Received a Deposition Subpoena, Do you Have to Go?

A deposition subpoena must be accompanied by a Notice of Deposition to be valid. The Notice of Deposition will state the time and date of the deposition. The deponent must also be given advance notice of the deposition date. The amount of advanced notice required will vary from state to state, but many require anywhere from 5-14 days.

If you have received a valid deposition subpoena, then you must attend the scheduled deposition and bring any requested documents. If you fail to do so, you may receive a court order to appear to testify.

That means, a court order is required to compel your appearance.

You can ignore the original deposition subpoena, but you can't ignore the subsequent court order.

If you ignore the attorney's request (an attorney can't order you), you'll probably receive a subsequent court order.

Either way, see an attorney.

Also, you aren't required to appear if you aren't served properly. Google service "your state" to learn what proper service means.

BUT, IF YOU'RE SMART, BE PROACTIVE AND CONSULT AN ATTORNEY IN YOUR CITY OR COUNTY, ASAP!!!


The subpoena should specifically and accurately describe the documents or other objects that you are to bring. If you are concerned that the documents requested are irrelevant, confidential, contain trade secrets, or otherwise privileged, consult an attorney.

Must You Answer All the Questions?

You have to answer all the questions, and you must answer truthfully, as you will be giving your deposition under oath. Your answers will be recorded by the court reporter, who will later provide you with a copy of your testimony.

Will You Be Reimbursed for Your Costs of Appearing at the Deposition?

You may be reimbursed for any out-of-pocket expenses and loss of pay incurred in attending the deposition.

Do You Need an Attorney?

If you have received a deposition subpoena, contact an attorney to prepare you for the deposition and to appear at the deposition with you. An experienced attorney will defend your rights and ensure that you do not provide any answers that might expose you to liability in the lawsuit. If you wait to retain a lawyer and then fail to answer questions during the deposition because you suddenly realize you need attorney representation, you can be held in contempt of court.


Sent from my iPad3 using Tapatalk HD

 

[iamfrustrated]

Is it possible to file for continuances or postponements to depositions just as attorneys file them for appearances in court?

 

[iamfrustrated]

Can i record the deposition?

 

[army judge]

Can i record the deposition?

I don't seem to be cross, or ill tempered, but you really need to READ my prior post, and then see a lawyer.

Nothing you learn here is going to help you, if you do the wrong thing.

Your problem is too big to try and get a cheap (FREE) solution.

You have a lot to lose, so be smart and hire a lawyer; or you will regret it.

 

[iamfrustrated]

I don't mean to be cross as well, but a simple question "if I can record the deposition" is not a difficult question to answer, nor was it covered in your previous post. Thank you for your help, but I'll seek answers elsewhere.

 

[Proserpina]

You need to re-read AJ's post.