Use of the Subpoena in a Family Law Case

A subpoena is a writ by the court compelling testimony or the production of documents. A subpoena can be a helpful tool in any contested family law matter.

If your case goes to trial and you want a witness to testify but they do not comply, you can issue a subpoena for them to appear and testify. Once the subpoena is issued, the person must appear and testify unless they file a proper objection to the subpoena. As long as their testimony is relevant to your case, it is likely the subpoena will be upheld.

Another important use of a subpoena is for the production of documents. For example, a subpoena can be sent to a bank requesting that they provide all bank statements for accounts in your spouse’s name. This is critical if your spouse is not complying with discovery requests and you believe that they are hiding assets.

It is important that you discuss you case with an experienced attorney if you believe that subpoenas are necessary in your case.