Legal Question in Family Law in Georgia

Can I refuse to testify if i get a subpoena

I know 2 people who may go to litigation for child custody. 1 of them has threatened to subpoena me. I do not want to testify in this case as both of them are somewhat nuts. If I testify, one or the other might plot revenge. I have had alot of problems with these people and do not associate with them anymore and I really do not want to go to court with them. What can I do if I get a subpoena, do I have the right not to testify?


Asked on 9/06/03, 8:25 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Can I refuse to testify if i get a subpoena

No. Not on these grounds. If you do not honor the subpoena, you can be cited for contempt and even arrested and fined. You could try a motion to quash the subpoena, but just based on the reason you gave, it won't be granted. You need to consult with an attorney to decide if there are any things you can assert some kind of privilege on during your testimony to avoid certain questions. You could also retain a lawyer to try to negotiate with the attorney who issued it to see if you can talk him/her into cancelling the subpoena. Perhaps if you can convince him that your testimony could put you in peril, and that it is not really important to the case, the lawyer will back off.

If you need additional assistance, e-mail me at [email protected] to set up an initial consultation, which could be by telephone, or in person.

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Answered on 9/06/03, 9:25 am


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