quote:

Originally posted by BurtonRW:
I cannot emphasize enough how important it is that you consult a LOCAL attorney (if yours is not) on this. The answers to your very good questions will vary widely and wildly between jurisdictions and individual judges.

Better make a call or two now rather than after you get served with a show-cause order for failing to appear.

And yes, people go batshit crazy during any kind of family law proceeding. There can be much collateral damage.

-Rob

So you need an attorney if you're subpoenaed even if you're not a party to the lawsuit.

What kind of attorney does one need when they get subpoenaed?

Sounds like you need to add a "are you involved in a divorce right now" question to your moving requests.

I'd probably leave the lawyer out until after going to court.

I suspect you are right in that her lawyer is just doing this to appease her and she is getting you because she can't hurt her husband enough.

I've actually had this done to me... had to show up in court twice to sit around outside the court room for hours to go in and testify that the wife gave me permission to fix the chimney..... yep, that she alone made that decision...

quote:

So you need an attorney if you're subpoenaed even if you're not a party to the lawsuit.

What kind of attorney does one need when they get subpoenaed?

^^^^^^^^^^^
A good one. I do not like being jerked around and certainly do not wish to make any mistakes that will cost me in any way. It is the legal playground, and you do not know the rules. That is what Law School is for. The first thing an attorney will tell you is if the subpoena is valid. I will spend a few hundred dollars to protect myself.

quote:

I'd probably leave the lawyer out until after going to court.

^^^^^^^^
I strongly disagree. Local legal advice is needed. It strikes me as funny that people are unwilling to pay attorneys for their time. I wonder whether these folks skip the dentist and extract their own teeth.

quote:

Originally posted by ZSMICHAEL:

quote:

I'd probably leave the lawyer out until after going to court.

^^^^^^^^
I strongly disagree. Local legal advice is needed. It strikes me as funny that people are unwilling to pay attorneys for their time. I wonder whether these folks skip the dentist and extract their own teeth.

As a general rule, I dislike feeding attorneys. Our society is way past overly litigious and I hate to add to that. That said, there are times when it is prudent to have attorney input and foolish not to. In this case, an attorney might have been able to get the subpoena quashed, possible for insufficient notice. A good attorney might have been able to save a1abdj some time and aggravation and possibly kept him out of trouble. Too bad his attorney wasn’t available/didn’t get back to him.

ETA: And I have several friends who are attorneys and good people. I just don’t like to use their services if it can be prudently avoided.

So I now know it was a complete set up. All of the attorneys were aware that the judge was not hearing any testimony today, yet I was subpoenaed to testify.

After sitting in the heat for a bit over an hour her attorney comes out and introduces herself. Tells me that there won’t be any testimony and that I’m free to leave. I call her on her b/s and tell her my full position on the matter.

I told her that the only thing I have to provide her is the copies of the work orders and receipts. I already gave copies to his lawyer because he asked nicely. If she was expecting me to give up another day of work to play stupid games I would engage in the same games myself. I would lawyer up, fight her at every level, and inquire about any civil remedies. Also mentioned that the deputy threatened to arrest her kids but I did not press charges. I could skip next door to the sheriff’s department and change my mind.

Gave her 5 minutes to go back inside for a discussion with her client, and she returned with a change of attitude. Apparently the next subpoena is going away, and they are simply going to accept an emailed copy of my receipts.

All of this to end up with a copy of a receipt which doesn’t prove or change anything regarding their situation.

quote:

ETA: And I have several friends who are attorneys and good people. I just don’t like to use their services if it can be prudently avoided.

^^^^^^^^^^
I agree wholeheartedly. We are a litigous society. The attorneys that I have retained have kept me out of trouble and come up with approaches that solve problems. In one case a local Judge was getting ready to prepare a bench warrant for failure to appear for jury duty. It was a complete misunderstanding on the part of the Court system. He made a call and took care of it.

quote:

Gave her 5 minutes to go back inside for a discussion with her client, and she returned with a change of attitude. Apparently the next subpoena is going away, and they are simply going to accept an emailed copy of my receipts.

All of this to end up with a copy of a receipt which doesn’t prove or change anything regarding their situation.

^^^^^^^^
Glad it is over for you. I would call your attorney and see that he can be available next time for such a situation.

Good for you. I'm guessing the option of pressing charges on the spawn influenced their decision.

quote:

Originally posted by a1abdj:
So I now know it was a complete set up. All of the attorneys were aware that the judge was not hearing any testimony today, yet I was subpoenaed to testify.

In a truly just world they would catch a beatin' for that fuckery.

Domestics...oh what fun. I would have run like hell before getting into a property dispute without a court order showing who has the lawful possession of any common property.

Regardless if she ever touched those firearms or not most likely they are common property. My friend and gun shop owner just evaluated a collection for the wife of a dissolving couple. The courts gave her possession of the ex's collection which from what I was told includes many high priced shotguns.

Personally I never permitted anything other than personal items to be removed when there was no agreement by the parties of a legal document.

Good luck with the court hearing. don't turn your back on the crazy parties involved.