ANSWERS: 1
  • A family law court subpoena is a court order that commands the subpoenaed person to appear for testimony or to provide copies of written documents.

    Function

    Family law courts are used to compel witnesses or potential witnesses to appear for deposition or in-court testimony. They are also used to compel people or companies to produce documents that might be evidence in a lawsuit.

    Significance

    Subpoenas are an important part of the legal system, and they help resolve family lawsuits. Without subpoenas, it would be difficult, if not impossible, for parties in a family lawsuit to prove their cases.

    Types

    Family law court subpoenas typically require a person to provide testimony relevant to a divorce, adoption or child custody matter. There are also document subpoenas that divorcing parties use to gather financial evidence about the other spouse, or that adopting parents use to gather information about a child's history.

    Time Frame

    Family law court subpoenas are governed by state law. Most state laws allow parties in a lawsuit to issue a subpoena at any time during the lawsuit, and the subpoenaed party typically has 14 days to comply.

    Warning

    If you are served with a subpoena from a family law court, you need to make sure to respond in the time instructed in the subpoena. Failure to fully comply with a subpoena could subject you to fines or jail time for contempt of court.

    Source:

    Nolo's Encyclopedia of Everyday Law; Shae Irving, JD and Nolo Editors, 2008

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