Legal Question in Family Law in Connecticut
Divorce subpoena to deposition
If someone is subpoenaed to a deposition in a divorce case and they do not show., what is the proper thing for my lawyer to do. My lawyer subpoenaed several of my s2bx's family member and him and no-one but his lawyer showed up under his advice. My laywersays there is nothing that can be done. I would think they would be in contempt? am I wrong?
2 Answers from Attorneys
Re: Divorce subpoena to deposition
There are remedies. For starters, if you issued subpoenas, then you should just look to the face of the subpoena and you will find the consquences of not answering.
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Re: Divorce subpoena to deposition
What your lawyer should do is file a motion with the court compelling the witness to appear for the deposition (or the court for that matter) to answer why he/she should not be deposed. He/she should present an objection..not just not show up. If after the court orders him/her to show up and she/he doesn't then another motion should be brought before a judge requesting the appropriate relief..a capias to have him/her brought before the court and attorneys fees and costs for the aggravation.