Legal Question in Civil Litigation in Colorado

subpoena

My wife served her ex with a contempt of court citation. He has threatened one of their daughters with a subpoena if she does not come and testify on his behalf.she knows nothing of the circumstances of the contempt charge. does she have to go to the hearing? can she object to the subpoena?


Asked on 11/16/05, 2:02 pm

1 Answer from Attorneys
Francisco Romero F.L. Romero Esq., P.C.

Re: subpoena

If properly subpoenaed to testify, one cannot refuse or they risk contempt. Subpoena requirements can be tricky, esp. for a non-lawyer, so if ex is pro se (no lawyer helping him), then chances are pretty good that he'll screw something up, like failing to serve the subpoena with a check for witness fees. Daughter could file a motion to quash the subpoena, but that is something I would not recommend without the assistance of counsel (she'll need her own lawyer to do that - wife's lawyer really doesn't have standing to do it for a witness).

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Answered on 11/16/05, 4:14 pm


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