my husband is a truck driver and we got a call about a month ago and said his son was in foster care and did we want him we said yea we will take him well he has a sister and asked if we would take her to and said sureand they told us the mother had court march 6th and it had nothing to do with us we said okay she is in florida we do not live there so it was good that we did not have to go well then I get a phone call yesterday and said she said something and now we are getting a subpoena and we have to be there well my husband is on the truck and he cant go and this is thursday and it is a 2 day trip to florida for us and I have not received this subpoena can I get him out of it and what do I need to do to get him out of it and will it hurt us getting the kids
2007-03-01 18:48:54 · 10 answers · asked by Ginna B 1 in Politics & Government ➔ Law & Ethics
There are so many unanswered questions here, and so many possible alternatives to interstate travel (e.g. a recorded deposition in your county, or telephonic depo, etc...)
The best advice here is to talk to the attorney who issued the subpoena (his contact info will be on the subpoena) and if you're not satisfied, speak to a local attorney.
2007-03-05 10:21:27 · answer #1 · answered by PI Joe 5 · 1⤊ 0⤋
Have you received an official subpoena? If not, I don't think that you are legally obligated to go. It might be in both your best interest and the best interests of the kids to consult a lawyer. The lawyer may be able to talk to the courts in Florida and make it unnecessary for you to appear in court. Good luck!
2007-03-01 18:54:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you have not received an "Official Subpoena" you are not legally obligated to attend court. I would call the court clerk and inform her of your situation and that it takes 2 days to get there and you were just inform, and the court clerk can talk to the judge and might be able to change the court date. You might also consider talking to a lawyer.
2007-03-01 19:45:23 · answer #3 · answered by Pink Piggy 5 1 · 0⤊ 0⤋
your best bet is to call the court in which this was ordered.. Let them know you just found out and it takes to long to get there. They may post pone the court date for you to get there but you really need to call the court...
If you don't call they can take the kids... Think the worst if you can't get contact with someone friday.. oh that is today.. ouch...
you know you have the subpoena?? did you get a number and a name of the person who called?
Hope so.............
2007-03-01 19:02:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
a lawyer can get him out of this by hardship but don't ignore this as it could lead to a bigger offense and the courts could file charges...the law is not always fair...disobeying a supoena that was never properly served probably would not cause problems getting the kids..the law is not perfect either but they do make the rules..grrrr
2007-03-01 18:59:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can't get out of a subpoena. If you break it, you can be held in contempt of court.
2007-03-01 18:51:34 · answer #6 · answered by gone 6 · 0⤊ 0⤋
YES IT IS A CIVIL CASE AND THEY HAVE TO USE THE LONG ARM STATUED TO SERVE IT/ BECAUSE IT CROSSES STATE LINES/ JUST DO NOT ANSWER YOUR DOOR TO STRANGERS/ CALL THE COURTS EXPLAIN AND ASK THE IT BE SQUASHED AND RESET FOR LATER DATE IF YOU WANT
WATCH OUT FOR REGISTERED MAIL ALSO/ IF YOU WANT THE KIDS CALL THE COURT AND ASK FOR CONTINUANCE
DUE TO YOUR PROBLEM AND YOU CANNOT MAKE IT IN 2 DAYS
2007-03-01 18:59:00 · answer #7 · answered by intel541 1 · 0⤊ 1⤋
Talk to a local lawyer or judge and explain the situation--Quick!
2007-03-01 18:58:29 · answer #8 · answered by DixeVil 5 · 0⤊ 0⤋
Skip it and get arrested, or talk to a lawyer...
2007-03-01 18:52:18 · answer #9 · answered by ★Greed★ 7 · 0⤊ 0⤋
You can't get out of it
2007-03-01 19:24:43 · answer #10 · answered by Anonomys 1 · 0⤊ 0⤋