If I was subpoenaed to give a deposition, what are my rights and do I really have to do this?

My boyfriend’s ex-wife has been attempting to collect a judgement in civil court from their divorce 9 years ago. He doesn’t have any money or assets.

Asked on September 11, 2015 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you have been subpoenaed, you have to testify if you fail to do so, you could potentially  be sanctioned by the court, up to and including imprisonment e.g.  for contempt of court. You have to answer any and all questions that are relevant to the matter e.g. about his money, job, assets, etc. and which would not implicate you in a crime if any anwers would implicate you, you can refuse to answer by asserting your Fifth Amendment privilege against self-incrimination but this only applies to answers which would potentially make you--not your boyfriend--guilty of crime.


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