Legal Question in Family Law in Georgia

Family lawsuit subpoena

My sister's ex-husband is currently suing my sister for custody of their 2 children. Her ex-husband's lawyer has subpoenaed me to be in court 5 days from now,220 miles from home, as a witness. I have 2 problems: 1) I care not to be a witness against my own sister, as this would cause tears in the relationship that could never be mended and 2) The day off of work & travel & lodging would be a substantial burden. I have nothing terribly good or bad to say about either party, so my testimony would be mediocre to damaging, at best. My husband called the prosecuting attorney's office and told them that I had no intention of going, nor testifying- they said ''We'll let Mr. Doe( the plantiff) know'' and said no more. My question is, am I legally bound to be there? Will a bench warrant be issued if I'm not there? I'm just worried, and want to know of any possible legal ramifications of my absence. Thank you very much in advance.


Asked on 11/14/08, 6:40 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Family lawsuit subpoena

The usual penalty for failure to appear in Court as ordered is a warrant for your arrest and jail time, and there is a good chance you would still have to testify. I am not sure who is referred to as the "prosecuting attorney" since this is not a criminal case. The first step, if you have not done so, is to contact the office of the lawyer who issued the subpoena.

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Answered on 11/14/08, 6:46 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Family lawsuit subpoena

You have posted this question over and over. The answer is the same. You must appear. If you don't, it is possible that there wil be a warrant for your arrest.

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Answered on 11/14/08, 8:58 pm


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