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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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