Why Would Witnesses be Subpoenaed in Divorce Court?

When people think of witnesses at trial, they generally think of witnesses in criminal law cases or even in personal injury cases; most likely thry do not think of witnesses in divorce cases. However, some divorce cases are so complex that they require substantial evidence before a judge can make a decision. Witness testimony is one valuable form of evidence that a judge may need before he or she can make a final decision. When witness testimony is necessary, either one or both party’s attorneys, or possibly the judge, might subpoena the person who holds the desired information.

If you are going through a complex divorce case, you may experience the subpoenaing of a witness. If you want to know what to expect, and if you want to make sure that your case is still strong despite a new witness’s testimony, retain the help of the Dallas divorce attorneys at Clark Law Group

Types of Subpoenas

There are two types of subpoenas that your attorney might issue. The first one is a subpoena ad testificandum, which is used to compel individuals to verbally state what they know under oath. This type of subpoena might be useful if someone possesses information that might help your case. However, if the other party’s attorney files for a subpoena ad testificandum to get testimony that does you more harm than good, your attorney might file for a subpoena duces tecum, which is a demand for documentation the witness has in his or her possession. Your attorney might elect to use this type of subpoena so that he or she can prepare for trial and build a defense against the new information.

Witnesses Who May be Subpoenaed

You may be wondering what type of witnesses could possibly help in a divorce case. There are in fact quite a few people in your life who could potentially hurt or harm your case. Some witnesses that the judge may want to hear from may include family members, your child’s teachers, financial advisors, a psychologist, neighbors, or local law enforcement. For instance, your attorney might subpoena your child’s teacher to inform the jury about the several times your spouse was late to pick up your child, or to show them that despite working full time, you still manage to make it to each of your child’s school functions.

When Should a Subpoena be Served?

You cannot ask your attorney to serve a subpoena the day before trial, despite what movies will lead you to believe. That said, the Texas Rules of Civil Procedures do not state when a person must issue a subpoena, only that the serving of a subpoena must be done diligently. To fully understand the Rules of Civil Procedures, review Rule 176.

A Skilled Dallas Divorce Lawyer can Ensure Everything Goes Smoothly

Whether you are worried about your spouse’s attorney filing a subpoena ad testificandum, or whether you want your own lawyer to file a subpoena ad testificandum, reach out to the Dallas divorce lawyers at Clark Law Group​ to learn more about what to expect and how you can protect your rights. Schedule your private consultation today via phone or our online contact form.

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