What Is a Subpoena?

 Posted on October 14, 2015 in Illinois Law

A subpoena is a written order for an individual to appear in court. In cases where the divorcing partners can cooperate with each other, subpoenas are often not necessary. But when the parties cannot get along, one party refuses to obey the court's orders, or one party is suspected of hiding assets from the other, the court may use a subpoena to require a divorcing individual to come to hearings and comply with its other requirements.

Receiving a subpoena can be confusing. If you are currently going through a divorce and you have received an order to appear, or your partner is not cooperating with the court and your divorce is becoming drawn out and draining your resources, talk about your subpoena and any related divorce issues with an experienced divorce attorney. A divorce consists of many elements and it can be difficult for an individual to keep track of each piece.

What Can a Subpoena Do?

A subpoena is used to call an individual to court. It can be used to require one of the divorcing partners to court or it can be used to require another individual to come to court to provide a testimony as part of the divorce process. For example, the guardian ad litem handling the couple's child custody determination might be subpoenaed to appear in court and provide his or her report of the couple's parenting abilities, resources, and his or her recommendation regarding their children's custody. Other individuals who might be subpoenaed can include those less closely involved in a couple's divorce, such as the couple's child's teacher to verify an allegation that one of the parents was three hours late picking the child up or the child's pediatrician to discuss how a parent handles the child's healthcare.

A subpoena cannot be used to require an individual to make a specific statement or support a statement by one of the divorcing partners if he or she does not know that statement to be true. All it can do is have the individual come to court to provide his or her testimony.

A subpoena can be used to prove that one of the spouses is hiding assets by calling the financial adviser handling that individual's assets into court to testify about his or her recent financial activity. A subpoena can also be used to require that one of the partners provide the court with certain documents that aid in the divorce process, such as tax returns.

Divorce Attorneys in Kane County

Understand what a subpoena is and how it works before you face one during your divorce. To learn more about subpoenas and other issues you might face as part of the divorce process, contact Goostree Law Group to schedule your free legal consultation with a skilled Kane County divorce attorney. Do not wait to begin working with our firm – when you are working through a divorce, it is important that you are proactive and understand every possible issue before it arises.

Source:
http://www.uscourts.gov/rules-policies/judiciary-policies/subpoena-regulations