Legal Question in Family Law in California

I was notified that I will soon received a summons for a divorce trial. The husband wants to use me as evidence or testify. How does this works if I live in California and the trial is in NY?? Is this possible?? Can they force me to travel?? The husband has been also stalking me and theatening by text and phone calls from a restricted number. What cal I do about this last? Thanks in advance.


Asked on 10/07/12, 10:30 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You say summons, which is the document used to notify someone that they have been sued and must answer or otherwise respond in court. The use of the summons replaced the common law writ of capias ad respondendum. That writ was used to arrest a defendant and hold him to answer in a civil lawsuit.

I think you mean subpoena, which is a document issued by a court or an attorney (who acts as an officer of the court) to compel the attendance of a witness. States lack jurisdiction to issue subpoenas to compel witnesses outside their borders, and many times a procedure known as letters rogatory must be used.

I suggest that you repost this question in the New York category, and be more specific as to what papers you received or have been threatened to receive.

Read more
Answered on 10/08/12, 8:24 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California