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A friend has put us as witness in his divorce proceedings. We do not want to be a part of this. What are our options and to avoid getting any subpoena and going to court.
Asked on March 21, 2017 under Family Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Other than asking your friend to not subpoena you and hoping that he respects your wishes, there really isn't anything you can do. He has the right to issue subpoenas in his case to witnesses who have or may have relevant information; if you are subopoenaed, you have to testify or else be in contempt of court and subject to punishment (including potentially being jailed). If you are not subpoenaed, but just asked to testify you can refuse--but you cannot refuse a subpoena.