Legal Question in Family Law in Rhode Island

request to attend?

can an attorney demand I appear (via voice message only) without a subpeona?


Asked on 6/02/08, 12:54 pm

3 Answers from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: request to attend?

Unfortunately you don't state the circumstances or nature of the proceeding. Since the category provided to me is Family Law, Divorce, Child Custody and Adoption then I will provide advice only regarding these aspects of law.

No. In these particular areas of law under Rhode Island law you must be served with the subpoena and fees must be tendered to you by law for one day's attendance and mileage at a minimum. A voice message by itself from an attorney for your appearance in any Rhode Island Family Court does not constitute valid authority requiring you to appear.

If I can be of further assistance if the matter becomes more complicated. Please feel free to

contact me. Pearsall.net

My best of luck to you in this matter.

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Answered on 6/02/08, 1:21 pm
Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: request to attend?

Unfortunately you don't state the circumstances or nature of the proceeding. Since the category provided to me is Family Law, Divorce, Child Custody and Adoption then I will limit my opinion to these aspects of law.

No. In these particular areas of law under Rhode Island law you must be served with the subpoena and fees must be tendered to you by law for one day's attendance and mileage at a minimum. A voice message by itself from an attorney for your appearance in any Rhode Island Family Court does not constitute valid authority requiring you to appear.

If I can be of further assistance if the matter becomes more complicated. Please feel free to

contact me. See Pearsall.net

My best of luck to you in this matter.

Read more
Answered on 6/02/08, 1:24 pm
David Slepkow Slepkow Slepkow & Associates, Inc.

Re: request to attend?

I feel uncomfotable answering this question without more information. The general rule is that a witness is only required to attend Court if they are served properly with a subphoena. A telephone call is usually not good enough.

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Answered on 6/02/08, 3:15 pm


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