Legal Question in Family Law in Florida

Re: Fed Ct. Case-Can a Party to a Case Be Supoena'd?

Are you sure it's in Federal Court? Federal court does not have a family law division.

At any rate, whether your case is in state or Federal court, yes, you are entitled to have a subpoena issued by the clerk (or by your attorney, if you have one), that compels your mother to come to court. However, that doesn't mean that the nursing home has to bring her to court. If your mother is unable to come to court, it's your responsibility to get her there. The nursing home may file a motion to quash (nullify) your subpoena based on her health, but you'll have to take that up in front of the judge. You might even have to bring a doctor with you to say she's healthy enough to come to court.

If your mother isn't healthy enough to come to court, you can take a deposition to perpetuate her testimony, which will allow you to take her testimony at the nursing home before a court reporter and read her transcript in court (or let the judge read it).

But I have to warn you: if you don't have one, get a lawyer. You are dealing with some very technical rules of procedure here that even many lawyers don't understand. Judges--particularly Federal judges--can impose harsh sanctions for the slightest misstep when it comes to these rules. You don't want to do this on your own. I always say, there's nothing more expensive than NOT having a lawyer.