subpoenaed

Discussion in 'General Discussion' started by Againsheila, Oct 8, 2010.

  1. Againsheila
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    Againsheila Gold Member

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    I have been subpoenaed to appear in court in the case of the Adult Family Home where Andrew was more than a year ago. Worse, I've been subpoenaed by both sides. To add insult to injury, my son Andrew has been subpoenaed. Andrew is echolalic and non verbal for the most part and incontinent. They expect me to be in Seattle with him for 3 full days next week. What am I suppose to do if he runs into the men's room? Follow him?

    Oct 12, 13 and 15, 9am we're suppose to be there until they tell us to go home. Who watches him while I'm on the stand?

    I've got a call into the people who subpoenaed him but so far, they haven't returned by call. If I have to take him with me, I'm making them pay for a caregiver for the whole day, it's the only way it'll work, and even then it will be a struggle.

    Do I have the right to do that?
     
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  2. boedicca
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    boedicca Uppity Water Nymph Supporting Member

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    I'm not a lawyer, but hope one weighs in.

    Given Andrew's state, do you have power of attorney? I'd be surprised if someone in his condition could be compelled to testify when he is under the care of another person - but then again, our system of law ceased being rational and decent long ago.
     
  3. Againsheila
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    Againsheila Gold Member

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    We do not have legal custody of him yet. At this point, we make him sign things and then I sign it too. He has no bank accounts or properties that can be stolen from him. I've wavered on the guardianship. It helped NOT being his guardianship last January when I threatened his DDD counselor with dropping him off in his office. Within a week, I had a caregiver, until that point he was saying there was nothing they could do.
     
  4. Madeline
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    Madeline BANNED

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    Againshelia, not all subpoenas are valid. If, for example, your state requires service be made by hand and it was instead mailed to you, you have not legally been subpoenaed.

    If in fact the subpoena was served properly, it must still conform to your state's long arm jurisdiction statute. It is beyond me to imagine that would not include a requirement that the subpoena-ing person enclose a check. The dollar amount of the check is usually supposed to be the federal mileage allowance times the miles from your home to the courthouse where they want you to appear.

    Call the judge's secretary on Monday and explain your situation. Ask her if you absolutely must file a Motion To Quash A Subpoena, or if the judge will just recognize the fact that you cannot appear in person. Ask if you can be excused, or if not, whether you can be allowed to appear telephonically. (You almost certainly cannot be sworn over the phone; the subpoena-ing person would have to arrange for a local court reporter to come to your home and swear you....probably.)

    It is shitty of either lawyer to have had you served without contacting you first. Hostile witnesses usually do not make a case better.

    I am sorry for your troubles...PM me if I can be of further help.



     
  5. jillian
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    jillian Princess Supporting Member

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    get a lawyer. have them try to quash andrew's subpoena. i don't know what basis a subpoena can be quashed there, but seems you should seek appropriate advice on that question.
     
  6. Againsheila
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    Againsheila Gold Member

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    I'm not worried about testifying....but I don't like the idea of taking Andrew to Seattle....it's not like he can answer anyone's questions. It's not my subpoenas that bother me, it Andrew's subpoena. I can't handle him AND testify. Who watches him while I"m on the stand? The lawyer called and left a message and said they could talk to Andrew by phone...that'll be funny, I can see the conversation now

    "Is this Andrew Criscione?"
    "Cione"

    "Is this Andrew"
    "Andrew"

    "Can you answer a question?"
    "question"

    and on and on and on....


    .
     

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