Minor testifying?

Question

Myself and my 10 year old daughter have been subpoenaed to testify for the DA in a case involving my husband. I am not divorced or legally seperated yet. Are we required to testify?

Answer 1

I'm not sure, but I thought that wife's could not testify against their husband or vice versa. But I think you can get subpoenaed to testify as a witness for your husband to help him out. But, I'm not sure its all hearsay.

Answer 2

Be very careful with the answers you get here, just because someone claims to be a lawyer it doesn't make it true and it doesn't make them right. Laws are different from state to state and can even vary by county in a state. From what I understand there is an exception, called Spousal Privilege, that protects husbands and wives from testifying against one another (both sides get to ask you questions so they can't make a spouse testify in favor of the other because the other side gets to ask the bad questions). It works both ways, a spouse can choose not to testify and a spouse can keep the other off the stand by invoking the same exception in order to protect themselves. Communications between husband and wife are protected. CHECK WITH A LAWYER is the best advice I can give you. As far as you child having to testify, it is all up to who ever has legal or "established" custody. It sounds like the child lives with you so that would mean it should be up to you. Keep in mind, the Judge has the final say and can over rule these privileges and decisions in a lot of cases. The only absolute right you have is the 5th amendment against self incrimination. Again, check with a lawyer, but if you really want to, you should be able to contest the subpoena. But you have to do it all legally, you can not just choose to ignore the subpoena, you will have to face the Judge to contest it. Either way, you need to talk to an attorney. I am not an attorney and I make to promises or guarantee’s about my advice

Answer 3

You are required to appear because the subpoena is a court order and if you refuse you can be held in contempt of court. You have a 5th amendment privilege against self incrimination only, so unless the questioning is something likely to incriminate yourself then yes you must testify. However, because you are a spouse you may have a spousal immunity. Basically, a person cannot be compelled to testify against their spouse if they are currently married. However, this may or may not apply in your state. Also, the spousal priveldge may not apply unless this is an actual trial. Again it all depends on your states rules. You should consult with an attorney if you have any further questions.

Answer 4

Because you were both subpoena'd you MUST both show up. Your daughter must testify. YOU may not testify if you don't want to OR if your husband insists on it. This is because of the Marital Privilege. There is no such privilege for your daughter. Again, you BOTH MUST show up.

Please keep in mind that if you are testifying about any event prior to your marriage (or after divorce/death) then you MUST testify as to those things. Anything else, about your husband, is completely off-limits, as far as the rules of evidence are concerned.