Legal Question in Family Law in California
Subpoena
I have a friend that is recently divorced. They are still working through separation of goods, custody, and a move away etc...and his ex-wife's attorney has subpoenaed me for a deposition. In an attachment of the subpoena he is requesting many things, such as any documents showing any monies paid to my friend, emails, communications, writings, related to things, mentioning or third parties on behalf of so on and so forth. This seems wide and sweeping. Question: Do I have to answer all these questions? Can't I just plead the fifth? And what if I just say I don't have the things they're asking for? My religion forbids me to swear by oaths-James 5:12, so what happens if I don't? The subpoena says that disobedience to it may be punishable as contempt by this court and liable for a the sum of $500 and all damages resulting from my failure to obey. I didn't ask for this, Do I have to get an attorney?
1 Answer from Attorneys
Re: Subpoena
I understand that "you did not ask for this" and that it is likely a pain for you.
I will take your various inquiries in reverse order.
It would help greatly for you to retain, or least had a paid consultation with, an attorney.
Usually people who cannot take an oath can say something like, "I affirm that I will tell the truth."
You cannot plead the fifth, unless the question involves some potentially criminal activities. I assume that you and your friend were not involved in criminal activities. If you weren't, the Fifth Amendment protection against self-incrimination would not apply.
Your attorney can work to limit the "sweep" of the inquiry.
If you have further inquiries, please contact our office.
Good luck.
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