Legal Question in Family Law in Rhode Island
My husband and I were just subpoened to testify against my brother in law by his ex-wife in a custody
battle is there anyway we can get out of it/.
1 Answer from Attorneys
In essence, a subpoena is a court order that compels you to attend and testify. It is issued by a lawyer, in his or her capacity as an officer of the court, on the basis that the lawyer thinks you or your husband have information that may lead to the discovery of evidence admissible in the underlying divorce.
The only �way out,� is to file a Motion to Quash the subpoena - essentially asking the court not to make you attend for some reason or other. But if you do have such information, the court likely will deny the motion to quash and order you to appear and testify, though it may consider any particular hardship of which you inform the court (i.e. we were about to take a vacation we had planned for months, etc.).
Best,
Scott Summer, Staff General Counsel
LawyersCollaborative
Note:� The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.