Legal Question in Family Law in New York

What is the legal time limit for anotice of supoena

I got a supoena to apear in court with only 1 business day notice. It was issued by an attorney not the court. Is there a legal amount of time they have to give you in family court before the trial appearance. It presents a hugh inconvience for myself and family. I am being supoenaed for a case, that is not relate to me and I have no Idea why I got this.


Asked on 10/21/05, 9:29 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: What is the legal time limit for anotice of supoena

Call the attorney who issued the supeona and request more time to respond. Fax and mail to the attorney your request after talking with. File and take a copy of your correspondence, to the court. Your correspondence should explain why you need more time. Appear in court, in person, if possible, at the time set for your appearance; or appear by representation.

If a gratuity (a check payment) was not included with the Supeona, the Supeona may be deemed defective, and will then need to be re served.

Also, Look at the Supeona back and find the area which may permit you to request an adjournment, of your appearance, for good cause.

Of course consult an attorney.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/22/05, 4:04 pm
Seth Kaufman Kaufman PLLC

Re: What is the legal time limit for anotice of supoena

Attorneys are empowered to issue subpoenas by the CPLR. If there is something objectionable about the subpoena, such as defective/untimely service, or improper in scope, for example, you may challenge it. You may not ignore it, however. Consult an attorney as soon as possible, and be sure to immediately provide him or her with a copy of the subpoena and the exact details about how and when you were served or otherwise received it.

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Answered on 10/21/05, 10:32 pm


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