Legal Question in Civil Litigation in Virginia

Subpoena issued for my Testimony

Case: Assault and Battery between my ex-girlfriend (whom I'm still very good friends with) and her new boyfriend.

He was convicted two months ago. Lenient sentencing; restraining order issued and fined.

Now he's appealing [supposedly with legal counsel] and coming to my job, asking me for my personal information,

telling me he's going to subpoena me since he believes I can provide a character sketch of my ex, thus proving to the judge that she attacked him. However, I'm her friend and think he is guilty.

The question: on the event this subpoena happens, is there a conflict of interest to have me speak against her in any way shape or form, especially when it has nothing to do with the charges against him?? I was never involved with any of the other legalities and did not witnessed the event in question. In fact, this entire case is word and against word, with no witnesses. And finally, how much notice has to be given a person when serving a subpoena in Virginia?


Asked on 6/12/03, 6:45 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Subpoena issued for my Testimony

There is no minimum amount of notice. If you are served, you have to be there. Unless you have a personal right not to answer certain questions (i.e., they call for privileged information - communications with your lawyer, minister, etc.), you have to answer what's asked of you. If it's not relevant, one of the lawyers will object. Your job is just to testify truthfully.

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Answered on 6/12/03, 6:49 pm


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