When married couples sever their marriage, an amicable divorce is generally the best way to go. It allows the soon-to-be ex-spouses much freedom to negotiate on the terms of their divorce. On top of that, it’s cheaper, as there are no expensive legal fees involved. However, an amicable split is not always on the table. When the couple fails to reach an agreement, it becomes a contested divorce where a judge presides over a trial, giving the two conflicting spouses a chance to argue their case. Much like any other court process, divorce cases are contingent on evidence you can collect in different ways, including issuing subpoenas. This blog will explain the different types of subpoenas and what evidence they are used to collect.
Types of Subpoenas in Family Law Cases
When collecting evidence for your divorce hearing, it's crucial to note the difference between the two types utilized: witness subpoenas and a subpoena duces tecum.
Witness Subpoenas
Suppose you have concluded that a third party may have credible evidence to support your claim. In that case, you can serve them with a witness subpoena, and a family law attorney like Matt Towson can help guide you through the process.
Who to subpoena?
It can be anyone who has information pertaining to the family law matter, be it a school teacher, doctor, relative, or even your next-door neighbor.
Subpoena Duces Tecum
Unlike witness subpoenas, which are issued to compel a third party to provide testimony, a subpoena duces tecum is issued to get records from a third party. For instance, you could serve a bank with a subpoena duces tecum to provide banking statements that could prove useful to your case.
These subpoenas demand all documentation related to the case; if they are provided within the required timeline and accompanied by an affidavit, the matter is considered resolved. However, further action may follow if the information provided is insufficient or further clarification is needed.
When Should You Issue a Subpoena?
There are many ways to obtain testimonials and documentary evidence. When the parties involved are willing to cooperate, then there's no need for a subpoena. But that is not always the case.
Sometimes, the only way to get the evidence is by serving a third party with a subpoena. In such instances, it is best to consult a qualified personal injury attorney for the reasons mentioned below.
Why Do You Need an Attorney?
Personal injury attorneys understand the laws and regulations governing the issuing of subpoenas in Texas. They will advise on what information to request, how to frame the subpoena and the timing of issuing.
Furthermore, at times, issuing a subpoena in the midst of an emotionally charged family law case can escalate tensions and lead to confrontation. A good Texas family law attorney will handle the entire process with care and professionalism to prevent a confrontation that may escalate the tensions.
And if the served party fails to comply, your attorney will assist with the follow up process. This may involve filing a motion to compel compliance with the court or even seeking sanctions against the non compliant party.
Finally, an attorney can be your rock during an otherwise emotionally trying time, they will offer emotional support through guidance and reassurance, empathy, and when needed, referrals to professionals who can help with emotional support.
Conclusion
Subpoenas can be a powerful tool in a family law case, helping you gather important evidence to support your claims. Whether you're serving a witness subpoena to gather testimony or a subpoena duces tecum to obtain records, understanding when and how to use them is crucial. While issuing subpoenas can be complex, working with a skilled family law attorney like Matt Towson can make the process smoother and ensure that you handle everything correctly. With the right guidance, subpoenas can be an effective way to strengthen your case and move toward a resolution.
