Legal Question in Family Law in California
Supena Recieved
I rec'd a supena from my sister-in-law's attorney requesting me to testify in her child custody hearing. Her lawyer used a statement that I asked not to be used and never signed. They used my statement and now want me to be a witness. I have left MANY messages for the attorney and she has never called me back. I have told her that I do not want to get involved and told her that I never signed the declaration. Do I have to show up in court on this day? Can I call the court? What are my options? If any
1 Answer from Attorneys
Re: Supena Recieved
Yes you must appear or a warrant may be issued for your arrest. You have no options. Witnesses cannot decide whether or not they wish to testify. The only exception is "pleading the 5th." That refers to the Fifth Amendment to the Constitution of the United States in which a person is not required to incriminate himself.