Question:

If you are subpoenaed in a domestic case do you have to appear?

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Adultery case - attorney subpoenas people spouse has been around to help prove adultery

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  1. Subpoena ad testificum? yes you MUST appear, it is considered contempt of court if you do not appear. On a daily basis, I have people arrested for not complying with a subpoena.


  2. Domestic case or not domestic case, if you have been subpoenaed, please plan of appearing.  

    You can review the document carefully.  

    How about getting an attorney to review it with you?  You might check for sources of free and sliding scale legal advice in your area.  Your local bar association might know of some.  A local law school might have a free clinic.

    "Subpoena" means under pain, under compulsion, i.e. you had better comply or else.  Legal advice can help you find out what the "or else" is.  

    Ideally, the attorney who wants you to testify will try to talk with you in advance about when and where and how.  Classic advice - listen carefully to the question; answer with the truth; keep quiet when the lawyer(s) and judge are talking.

    Good luck!

  3. yes i believe u must appear

  4. "Subpoena" comes from the Latin words meaning "under penalty." In other words, that's what happens if you don't appear--you're under penalty! So yes, you must appear.

    Edit: I should have mentioned that if you have a valid legal reason for not appearing, you can file a motion to quash the subpoena.

  5. Yes, you do.

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