Legal Question in Family Law in Illinois

Subpeonas?

If a couple is divorcing, and the plaintiff claims adultery as the cause and names two individuals in the divorce papers as parties to the adultery:

1) Can the plantiff (or their lawyer) serve those two individuals with subpeonas to testify in court?

2) And if so, can the two individuals decline to testify?

3) What are the individuals options and do those two individuals need attorneys of their own if they are subpeonaed?


Asked on 7/14/05, 9:57 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Subpeonas?

Yes, the individuals can be served and if they fail to appear then the court can issue an arrest warrant. They do not need to have their own legal representation. I would hope that the divorcing couple would be able to resolve this matter before any of this would happen

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Answered on 7/15/05, 11:44 am


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