I have been subpoenaed in a friends divorce case

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Sports Nut
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How do I get out of this? His soon to be ex-wife is the one calling me in. They live out of town and it is of great inconvenience. It was over a business deal from 6 years ago, I don't know what he told her. We both lost about 26K, not a huge amount but I don't know if he ever told her.
 

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not sure you can...

they can have the sheriff hand deliver you one...if you don't comply

they can have THE ATTY GENERAL ORDER you to comply...(takes time)

or the judge can go after you....
 

RX Local
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sheezus.. this sounds like a mess. I doubt you can "get out of it" but you sure as hell can try by filing a motion for protective order. Being that their might have been money involved (she probably assumes he is hiding money) you might not get out of it bud.

-murph
 

Sports Nut
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It is almost three hours away, I just cannot drop everything for them. I run a business and have a 12yo daughter and a wife who is a nurse who works 2nd shift. I am not willing to just drop everything over this and try and make arrangements for someone to watch my daughter. Can I not refuse over any of this and offer to do a phone disposition. What can happen if I fail to show at a divorce hearing?
 

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call their atty....and explain your plight...ask for the phone disposition...

do not dismiss the subpoena...whatever you do...
 

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a lot of things can happen if you fail to show up, and none of them are good :):)

advice to call the attorneys and see about rescheduling/phone deposition is good. believe me, the court doesn't give a rat's ass if you have to travel 3 hours or if you have a business or family
 
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the advice about calling the attorney is the most sound. Work something out with them, the last thing you want to do is ignore it.
 

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a lot of things can happen if you fail to show up, and none of them are good :):)

advice to call the attorneys and see about rescheduling/phone deposition is good. believe me, the court doesn't give a rat's ass if you have to travel 3 hours or if you have a business or family

^ this. You should be able to give a deposition , you would be under oath and would have to tell the truth , but the attorney's could set up something with an attorney (and notery) to do it somewhere in your town. ...not sure if you can do it by phone but that would be even better.

...No way in hell you should have to go out of town to testify in a divorce case , call you an attorney if necessary , but give a deposition in your town at your convenience.
 

Sports Nut
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^ this. You should be able to give a deposition , you would be under oath and would have to tell the truth , but the attorney's could set up something with an attorney (and notery) to do it somewhere in your town. ...not sure if you can do it by phone but that would be even better.

...No way in hell you should have to go out of town to testify in a divorce case , call you an attorney if necessary , but give a deposition in your town at your convenience.

I'm going to have my attorney respond that I will only be deposed locally and at their expense (they have to hire a local attorney and pay him to do it). This is a civil case and not a criminal case so it carries less weight and less obligation on my end. Especially since the business deal was not that large.
 

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In the deposition add in that she frequently got drunk and gave you a few bj's in the bathroom. Should help your buddy out with the settlement.
 

Sports Nut
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In the deposition add in that she frequently got drunk and gave you a few bj's in the bathroom. Should help your buddy out with the settlement.

:):)
 

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I am fairly confident that the deposition can be done on Skype, and should be done in the presence of your attorney. However, you might want to consider depending upon the hourly retainer of paying your attorney so that he can instruct and or advise you with any questions which lead down to completely different avenues.

State of mind, mental capacity, vetting process, and due diligence where as these items are used by her attorney to paint a much broader and usually negative connotation of your bud, and how he handled his affairs, family, and financials, with an apples to apples scenario of this business deal in regards to his entire life. I would confer before hand with your bud if possible as well. Just my winded two cents..................
 

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I've been subpoenaed on a few occasions, usually as some business owner's accountant. One time I was subpoenaed by a friend's attorney.

Never once testified. A few times I merely talked on the telephone with one or both of the attys, and they told me don't worry about showing up

just be honest
 

Sports Nut
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Real estate deal. We each lost money, she doesn't believe it. She thinks we are hiding his money for him I guess.
 

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