I was subpoena’ed to appear in an old co-worker’s divorce case. Do I have to appear?

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I was subpoena’ed to appear in an old co-worker’s divorce case. Do I have to appear?

I received a subpoena to appear at a co-worker’s divorce hearing. I haven’t even worked there for over two years. And his crazy wife always assumed because I was the only girl in the department he must be fooling around with me. I have almost no vacation left here at work. How can I get out of it??

Asked on June 15, 2009 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the subpoena is ordered by the court you could be held in contempt for not appearing.  Not a good thing.  There is a fee that is supposed to come with the subpoena but in New York it is $15 so I am guessing it is nominal in Maryland too.  I would call the attorney who issued the subpoena and advise him/her that if they want you to appear that they have to pay you for taking a day off from work.  Then, if they agree, tell work you have been subpoenaed and see if you can take a day off without pay so as not to take away your vacation time.  You have nothing to lose. Good luck.


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