Legal Question in Criminal Law in Michigan
juvenile supeona
Can a juvenile be supeona without parental consent/involvement?
1 Answer from Attorneys
Re: juvenile supeona
Yes. A child's parent cannot 'veto' a properly issued and served subpoena. A subpoena is a court order to attend a hearing to testify, to produce documents, etc. A judge's powers trump mom's and dad's.
A juvenile can be a witness in court. Age alone does not cause someone to lack legal competency to testify. (Mich Rules of Evidence 601: "Unless the court finds after questioning a person that the person does not have sufficient physical or mental capacity or sense of obligation to testify truthfully and understandably, every person is competent to be a witness except as otherwise provided in these rules.")
However, a parent on the child's behalf -- or an attorney representing the child -- can petition the court to "quash" the subpoena in limited circumstances (e.g., it was not served properly; the witness has no relevant information to testify to).
You should consult an attorney about the circumstances of the case and hearing for which the subpoena was issued, how and when the subpoena was served, and what options you have to quash the subpoena.
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