Legal Question in Family Law in South Carolina

Being Subpoenaed

I'm currently in a situation between two friends who recently divorced. They are subpoenaing my messages from myspace from the ex-wife. They also want me to testify and I don't want to be in the middle of it. I have stated this from the beginning. What can I do to protect myself and my family from getting involved in this complicated situation. The ex-husband is trying to get his stepson taken away from his ex, not for custody, but out of spite. I really need advice any would be appreciated. Thank you.


Asked on 8/23/07, 12:32 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Being Subpoenaed

If you are a witness to any aspect of their case, you are subject to having your deposition taken, receiving a subpoena for documents, and/or receiving a subpoena to appear in Court. All of those items are subject to the SC Rules of Civil Procedure.

If you did nothing wrong and/or do not have any information relevant to their case, your involvement should be minimal. Otherwise, you put yourself in that situation. The Court system could not function if persons were allowed to stay out of cases simply because they "don't want to get involved."

Good luck.

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Answered on 8/23/07, 1:35 pm


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