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How Are Subpoenas Used during a Divorce?

If you’re getting a divorce and you and your spouse cannot reach an agreement, it’s very likely that your case will go to trial. Finding a good divorce lawyer in San Antonio, TX, is paramount to identifying key facts that support your case. An efficient way to gather pertinent facts is to subpoena individuals for testimony.

What Is A Subpoena?

A subpoena is a request to appear in court or to furnish documents. This is a court order that requires you to do something such as provide information or testify in a case. Any individual who receives a subpoena could be subjected to criminal or civil penalties if they do not comply.

Types Of Subpoenas

There are two types of subpoenas which are subpoena duces tecum and subpoena ad testificandum.

Subpoena Duces Tecum:

The subpoena duces tecum is a court order to produce specific documents or other types of evidence. The most common documents requested are bank records, phone records, medical records, email files, computer files, or tax information. Oftentimes, you’re required to deliver the documents to the attorney who requested them.

Subpoena Ad Testificandum:

This type of subpoena is a court order for you to attend a hearing, trial, or deposition, and testify under oath. The subpoena includes the location, date, and time that you should appear to give your testimony.

How A Subpoena Is Served

Subpoenas are usually requested by a lawyer and issued by a notary public or a court clerk. Once the subpoena has been issued, it may be served to someone in multiple ways. The ways of serving a subpoena include certified mail to the last known address, emailed to the last known e-mail address, or hand-delivered. During a divorce litigation, an aggressive divorce attorney in San Antonio, TX, can exercise the right to subpoena anyone who has relevant information. In most cases, your attorney will hire someone to hand-deliver the subpoena or it will be sent through certified mail.

Responding To A Subpoena

If you receive a subpoena, you must read it thoroughly to understand what is being requested and who is being asked to appear. Keep in mind that subpoena requests for documents are typically detailed and very specific. Look to see who is requesting the information and the purpose of the information so that you can appropriately prepare your testimony for court proceedings. Remember to check for the hearing date so that you’re not subjected to potential penalties or other legal consequences.

Types Of Witnesses

Witnesses may be summoned into court to testify. Your witnesses may have observed your spouse’s behavior of which your attorney may want to know, especially if there is a custody dispute. If you’re a father for instance, your men’s divorce attorney in San Antonio, TX, may want to subpoena your child’s teacher to testify that your spouse is always late picking your child up from school. Witnesses such as psychologists could also be called to testify. Expert witnesses are professionals who have extensive training and knowledge in a particular field.

Uncontested Divorce

Couples who are eligible for uncontested divorces are those who have no remaining disagreements in regards to issues such as division of property, child custody, and spousal support. With uncontested divorces, spouses benefit from saving on divorce costs. It’s recommended that you retain an uncontested divorce attorney in San Antonio, TX, who will file for divorce and streamline the paperwork. An uncontested divorce enabled spouses to have their divorce granted quicker than the traditional contested divorce and the conflict is often reduced. With an uncontested divorce lawyer in San Antonio, TX, by your side, there are fewer demands for information going back and forth and there are fewer court proceedings.

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