Subpoenas Are An Effective Way To Obtain Information During Divorce Proceedings
At Whitmarsh Family Law, PC our Los Angeles, California divorce attorney understands when certain documents, personal knowledge, and professional resources that can help your case may not be at our immediate disposal because the person or company who has the information may be hesitant to get involved in something as personal as divorce proceedings.
When there is any information available that will strengthen your case, including material that pertains to our firm’s representation in child custody, child support, or spousal support matters, we will request a court-ordered subpoena to obtain the information to support our Los Angeles County clients’ best interests.
What Is A Family Law Subpoena?
A subpoena is a legal document that is ordered by the California Family Court for family law purposes that requires a person to deliver a specific action.
These actions can include:
- Testifying in court or during a deposition
- Producing documents or evidence
- Combining actions to include both documents and testimony
Subpoenas can be requested by the defendant or the plaintiff in any family law proceeding. If there is information that must be relayed to the court, which is integral in strengthening a divorce, child custody or support case, Whitmarsh Family Law, PC will petition the court to order a subpoena that delivers the information our firm needs to gain success, whether it is served to the other party or to a third party.
Subpoenas can be issued to an individual requiring their sworn testimony to be delivered on the record. This means the person will appear before the judge, in court, or be interviewed during deposition, to deliver answers to questions by both sides of the legal argument while under oath.
This testimony can be valuable in:
- Supporting our client’s position or argument
- Undermining the other party’s legal argument
- Clearing ongoing disputes occurring between the parties in the courtroom
- Offering neutral insight where the proceedings are complicated by high-conflict circumstances
At Whitmarsh Family Law, PC, our divorce attorney in Los Angles often petition the court for subpoenas that will allow us to obtain documents that are pertinent to our clients’ cases, including financial records or other relevant files that strengthen our case.
Combination subpoenas compel an individual to testify while presenting the requested documents. This type of subpoena is typically reserved for complex document requests that require an in-depth explanation before it can be considered fully by the court.
Who Is Commonly Served With Family Law Subpoenas?
Subpoenas can be served to anyone who has pertinent information that is relevant to the family law case at hand. Keep in mind that not all subpoenas are approved, as the judge will use his or her discretion when deciding what testimony, documents, or information is necessary to the proceedings.
Family law subpoenas are most commonly served to, but are not limited to:
- Family members
- Friends of the disputing parties
- Physical and mental health professionals
- Financial corporations
The point of a subpoena is to obtain the facts from the person or institution that holds the information relevant to your family law case.
What If I Ignore A Subpoena?
Subpoenas are ordered under the authority of a California family law court, which means they are more than just a request: They are a lawful court order.
Failure to appear in court or during a deposition for the ordered testimony, or neglecting to provide the documents necessary for review during a family law case is considered a form of contempt. Contempt of court can result in fines, and in some cases, criminal charges.
If you have been subpoenaed by a California family court, it is important to inform your attorney, so s/he can provide the guidance you will need to fully comply with the request.
Contact Our Family Law Attorney At Whitmarsh Family Law, PC in Los Angeles Today
Divorce, child custody and support, and spousal support issues are complex and require an experienced attorney to provide the solutions you need to thrive. At Whitmarsh Family Law PC in Los Angeles, California, our family law attorney provides free case evaluations by calling (310) 879-1156, so you can exchange the confusion of your case with confidence. Call us now to schedule a free consultation and learn how our firm can design a family law case that fits your unique needs.