Sunday, January 24, 2010

I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?

It's a divorce related case. I expect I'll be asked ';have you ever seen so and so do this, that, or the other thing';. What kind of questions should I expect, and do I need an attorney present to represent me? Will I be asked anything that my attorney would object to me having to answer? I'm not a party to the case, and have no involvement in the divorce (other than being deposed). Thanks in advance!I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?
No attorney should be necessary. You are a witness- your only exposure is to one or the other of the parties, who may not like your testimony.





Unless it is a nasty divorce- you probably will not be placed in the middle of anything. But- (a) be truthful, (b) answer simple ';yes'; or ';no';, (c) do not elaborate. Do not talk beyond answering the question.I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?
You do not need an attorney to represent you, unless you think you will say things that could incriminate you criminally for something. In those cases the judge will herself advice you, rarely happens in a civil case.
If you are not on trial you will not need a lawyer. You will be asked questions about the relationship of the parties involved.

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