If my mother has brain damage but got a subpoena to testify on behalf of our neighbors restraining order, what should I do?

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If my mother has brain damage but got a subpoena to testify on behalf of our neighbors restraining order, what should I do?

I want to know what we should do. My mother who lives with us has brain damage and seizures. She received a subpoena to testify on behalf of our neighbors restraining order against another neighbor. She heard the neighbors being threatened but because of her brain damage she does not remember. What should we do?

Asked on December 5, 2011 under Criminal Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It should be possible to quash this subpoena on grounds that either (1) your mother's testimony is not competent, because she has brain damage; and/or (2) the burden on her exceeds any potential value to the case. However, it can be difficult to frame objections to a subpoena correctly; you should contact an attorney, who can evaluate the situation and then raise the objection(s) in the proper form. Good luck.


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