Subpoena Question

North Carolina Divorce Law Divorce and Separation Answers
1

I had subpoena a witness to testify and to attend my upcoming court hearing in August that lives in Colorado. The subpoena was signed by the Assistant CSC at the Wake County Courthouse on June 20, 2013. I had paid for her plane ticket and She had already took the time off of work so she can come and testify on my behalf.

My question is… What happens if she doesn’t come and she has been subpoena??? I’m just asking because today, I had gotten an email from her stating that she won’t be able to attend because she’s not going to have any spending money while she is down in NC.

2

If she doesn’t want to appear, she should file an objection to the subpoena. Since she hasn’t, she could be found to be in contempt, but that doesn’t really help you get the testimony in. If she were local, you could get assistance of the court to bring her in, but again, this doesn’t help you.

Prior to the hearing, you could file a motion for telephonic hearing and request that she be able to testify over the phone due to financial hardship.