Legal Question in Family Law in Florida

Representing my self in visitation case. Ex wife has attorney. I would like to question my ex wife at final hearing. Do I need to subpeona her to do so? Thank you so much.


Asked on 12/03/09, 1:39 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

the subpoena forces her to show up. It is almost certain that she will anyway. If she is there you can call her to the stand. No subpoena is necessary. She will probably be called by her attorney, so you will examine her then, as well.

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Answered on 12/08/09, 2:01 pm
Brent Rose The Orsini & Rose Law Firm

One would assume she'll be there, so you wouldn't need to subpoena her. All a subpoena does is command that she show up. Once someone is at the trial, you can call them as a witness. If her lawyer calls her as a witness, you can cross-examine. If her lawyer doesn't call her as a witness, you can call her as a witness and cross-examine her. One major word of advice: I spend a large portion of my day talking to people who lost their case and maybe shouldn't have because they were up against a lawyer. Going up against a lawyer is legal suicide in a custody or visitation case. This is your children we're talking about. Go hire a lawyer.

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Answered on 12/08/09, 2:17 pm


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