Some family law and divorce matters can only resolve with a trial or an evidentiary hearing. If you find yourself in this position, you must prepare adequately for contested litigation.
Adopting subpoenas is a discovery device in the tool belt in family law litigation. Subpoenas are crucial to obtaining evidence. Similarly, it ensures third-party witnesses with crucial information submit their testimony, documents, and proof.
Understanding a Witness Subpoena
To properly understand subpoena usage, it is essential to know that there are two subpoena types. They are a subpoena duces tecum and witness subpoena. This article focuses on these two distinct categories.
A witness subpoena is served on a third-party witness with proof, valuable testimony, or documents in an issue. The options are limitless. It could be a friend, physician, relative, banker, or teacher with crucial information about family law or divorce issues.
The court sometimes serves these witnesses a subpoena to attend a deposition before trial or evidentiary hearing. Conversely, it may mandate the witness to testify during an evidentiary hearing or trial in court.
What a Subpoena Duces Tecum Entails
A subpoena duces tecum varies from a witness subpoena. Typically, a subpoena duces tecum is a subpoena to obtain records from an external entity or third party.
The options are limitless in this context. The court could serve a subpoena on an educational institution to obtain academic records or on a business enterprise to get business records. Further, the court can serve a subpoena duces tecum on a healthcare giver for medical records.
Authorities typically seek every record with a subpoena duces tecum. However, the matter will automatically end if the individual concerned provides the documents with an affidavit before the due date.
“Testimony at a deposition or trial is usually unnecessary. However, it may be crucial in some instances where you need clarifications, or the person fails to provide all the records,” says family law attorney Maria Ximena Sussman of Sussman Law Firm.
What If a Subpoena Is Not in the Equation?
Parties sometimes question the need for a subpoena. That is, many first seek to obtain a testimony or record without tendering a subpoena. They see subpoenas as a long process and unnecessary.
While you can obtain proof, testimony, and documents via consent, you need a subpoena in many instances before you can obtain them. Your legal representative will enlighten you that you need a subpoena to get documents and proof from an unyielding third party.
If an unwilling third party has the crucial documents or evidence to help you win your case, you cannot compel them to release the information. Thus, the system has created a well-defined pattern to get their record.
If you are fortunate to deal with a cooperative fellow, you will get everything you need without issuing a subpoena. The process is often quick and undramatic.
Final Thoughts
Family litigation often comes with different arguments. The process may be frustrating, especially when trying to gather evidence. However, involving a reputable family law attorney can help you.
If there is an unyielding third party with essential documents, the lawyer will use a subpoena on them. It will help them get the information for quick prosecution of your case. Your attorney needs your support because an unwilling person may also need some persuasion to release the documents.
Once you follow your lawyer’s strategies, there is a high probability of a favorable result.