If I got a subpoena for a deposition in a custody matter, how can I get out of it?

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If I got a subpoena for a deposition in a custody matter, how can I get out of it?

The matter is between a woman who used to be my friend and her child’s father. Their father’s

lawyer served me to appear in a county 3 hours away. I have 2 children who both go to school everyday. Besides that I don’t want to be part of this. I have nothing good to say about their dad. What can I do?

Asked on August 16, 2017 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't do anything. Having children in school (or having to work, for that matter), having nothing good to say about someone, or not wanting to be part of another couple's marital dissolution are not legally valid reasons to be excused from appearance. The subpoena is legal process; if you don't appear for it, you can be sanctioned, up to and including fined or jailed for contempt of court.


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