I was subpoenaed to appear as a witness in a divorce case. I don’t want to go or be involved at all.

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I was subpoenaed to appear as a witness in a divorce case. I don’t want to go or be involved at all.

The two parties involved have been divorced for nearly 10 years. I am a teacher and I run an after school program that their twin sons attend.
The dad was involved in the program, but after some concerns from other teachers, parents, and his ex-wife, I removed him from the program.
Soon after, I was subpoenaed to appear in court. The lawyer explained to me that my decision to remove the dad is not in question. The dad has taken the mom to court, saying that she coerced me into removing him from the program in an attempt to limit his time with his kids.
I was subpoenaed by his lawyer to provide documents which I have in the form of emails. The emails were intentionally vague and did not mention the concerns of the other teachers or parents, because I did not want to drag them into this.
I appeared in court last week, but the case was never called and was continued to this week. I don’t want to take another day off of work. I requested that I be allowed to give a deposition instead, and no one is contacting me back.
Do I have to go?

Asked on March 1, 2016 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A subpeona is a court order. This means that if you fail to appear as required you can be subject to a fine and/or jailtime. So if the attorney in question does not get back to you regarding your court appearance, then you should go.


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