In California, do I have to appear in a Family Court when I have been served a subpeona to do so?

Question

I have been partial to my brother-in-law's side of my sisters divorce. He has mentioned me in his declaration and my sister says that I may be subpoenaed to dicredit his convictions. Am I legally bound by California law to appear in Family Court after being served? I was told that I could only be forced to appear in criminal law cases. And if not, what are the consequenses of not showing up? And does anyone have any websites that back up the laws?

Answer 1

A subpeona issued by a sitting judge is valid no matter what court it comes from, don't go and be subject to contempt charges and the judge can and probably will issue a warrant for your arrest on that charge.  Judges don't like it when you ignore them.

And just as a personal note, ducking the appearance won't help in the long run.  Go, tell the truth, don't exaggerate, and let them deal with the consequences, you've got nothing to hide from then on.

2029.010. Whenever any mandate, writ, letters rogatory, letter of request, or commission is issued out of any court of record in any other state, territory, or district of the United States, or in a foreign nation, or whenever, on notice or agreement, it is required to take the oral or written deposition of a natural person in California, the deponent may be compelled to appear and testify, and to  produce documents and things, in the same manner, and by the same process as

may be employed for the purpose of taking testimony in actions pending in California.

Answer 2

Any sub poena order has to be obeyed or you run the risk of getting a contempt of court charge (C.C.P. § 1330), which could be either a fine or jail time. This includes civil cases and family cases, which fall under the purview of the California Superior Court.

Contempt charges are discretionary with a statutory maximum of 1,000$ or 5 days in jail (C.C.P. § 1218(a)), and are not subject to appeal barring a discretionary writ.

Check the following: http://online.ceb.com/CalCodes/CCP/1218.... (punishments for contempt charges in California)

Answer 3

If you are subpoenaed, then you have to show up, or a warrant will be made for your arrest.