The Use of Subpoenas in Family Law Litigation

In family law disputes, amicable resolution is preferred for everyone's emotional well-being. However, when a peaceful resolution isn't possible, litigation involving a subpoena may ensue. 

The use of subpoenas can sometimes intensify conflict and complicate proceedings. Despite their potential to cause conflict, subpoenas may be necessary to reveal vital information, contributing to a more thorough resolution. 

This guide aims to shed light on subpoenas as a valuable tool in pursuing fair litigation in family law, so keep reading to learn more.

What is a Subpoena?

A subpoena is a legal document issued by a court to compel a person to do something, such as testify in a case or produce relevant documents. 

It plays a pivotal role in court proceedings by ensuring all necessary information and testimonies are available for a fair trial. 

Types of Subpoenas in Family Law

Subpoena Duces Tecum

This type of subpoena is used to request documents from a third party, which can be entities like banks, schools, hospitals, or businesses. The primary goal is to obtain documents pertinent to the case. 

While a testimony or deposition isn't always required, there may be instances where further clarification of the information provided becomes necessary.

Subpoena Ad Testificandum

Also known as a witness subpoena, the Subpoena Ad Testificandum requires a third party to testify in court. Third-party witnesses include doctors, teachers, relatives, neighbors, and friends. 

This subpoena ensures relevant witnesses present their testimonies in a trial, deposition, or evidentiary hearing. For instance, a teacher may be subpoenaed to testify about a child's well-being in a custody case.

The Process of Issuing a Subpoena in Family Law

A subpoena might become essential when a third party holds crucial evidence or testimony. While it's true that parties can submit evidence voluntarily, a subpoena ensures the court can access relevant information even if cooperation is lacking. 

Requesting a subpoena starts with your family lawyer drafting the subpoena and detailing the information required. A court then issues the subpoena. As for its contents, it identifies who is to produce the evidence or testimony and specifies what documents or information are required.

Responding to a Subpoena in Family Law

“If you've ever served with a subpoena in a family law proceeding, it's crucial to grasp that it's not merely a request. It is a legal command, and you don't have the convenience of choosing whether to respond because you may face serious legal consequences for failure to comply,” says attorney Shawna Woods of Atlanta Divorce Law Group. 

Therefore, it's always advisable to seek professional guidance. In such circumstances, a family lawyer could be your greatest ally. They are mainly focused on family law and can help you navigate the process, ensuring you respond accurately and promptly. 

Rights of a Subpoena Recipient in Family Law

While the subpoena commands you to provide information or testimony, you aren't entirely without recourse. The law permits you to challenge a subpoena if you believe it's unreasonable or overly broad. 

You may request the court to quash (set aside) or modify the subpoena, especially when compliance could result in undue hardship or a violation of privacy rights. 

Nevertheless, as this process can be intricate, we recommend consulting a knowledgeable family lawyer to assist you in understanding your rights and exploring potential solutions.

Wrapping Up

The role of subpoenas in family law litigation is crucial in ensuring all relevant information comes to light and promoting fairness in outcomes. The above guide provides valuable insights, enhancing our understanding of subpoenas and their role within the complex landscape of family law.