If I got a subpoena to testify, how can I get them to understand that I am not mentally stable to testify?

I’m being subpoena to testify, however I am disabled due to mental issues. I deal with major

depression, anxiety and post traumatic stress disorder and I feel like I’m being force to do this, which is making me very depressed.

Asked on April 12, 2016 under Criminal Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you are literally mentally incompetent (that is, you have a legal guardian who makes decisions for you and who controls your finances), you *are* mentally stable to testify in the eyes of the law. You might find testifying stressful or depressing, but the law does not make that a valid reason to not testify (since otherwise, almost everyone could get out of testifying: many people find it makes them anxious or depressed). d on what you have written, you will have to testify.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.