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Tag: subpoena

Can the courts force you to testify against someone?

Can the courts force you to testify against someone?

In a manner of speaking, yes. You do not have the the option of being a witness if you are ordered by the court to to testify.

The way you are ordered by the court to testify is by a subpoena.

If, in response to the subpoena, you attempt to refuse to come to court and/or testify, the court can hold you in contempt of court, which means it can take certain actions to make you suffer until you agree to testify.

That means that the court can fine you for refusing to testify in compliance with the subpoena.

It also means that if you refuse to come to court the judge can not only fine you, but it can issue a bench warrant to have the police go out and find and arrest you and put you in jail until you testify.

If you lie under oath as a means of avoiding testifying truthfully, that’s perjury, and if you are caught lying under oath you can be charged with a felony, which, if you were convicted, could or would result in fines and incarceration.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Excluding-plea-agreements-can-the-courts-force-you-to-testify-against-someone/answer/Eric-Johnson-311?prompt_topic_bio=1

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My bank account was subpeonaed. Will the bank share business account transactions or only personal account?

My bank account was subpeonaed. Will the bank share business account transactions or only personal account?

In Utah, where I practice law, here’s how the bank will respond to the subpoena (if the subpoena was properly issued and bank obeys the law and follows the court rules governing subpoenas):

  1. the bank will object to any part of the request if it believes there are grounds for objecting;
  2. if the bank sees no reason to object to some or part of the subpoena, then it will produce the documents that it has in its possession that are described in the subpoena, but the bank should not (and will not want to) produce any documents not requested.

So if the subpoena asked only for personal account documents, the bank should only produce those documents, no more, no less.

If the bank objects to some or part of the subpoena, or if you (or another party to the case) requests an order to protect some or all of the documentation subpoenaed from disclosure, the court may quash or modify the subpoena, or order compliance upon specified conditions. An order compelling compliance shall protect the person subject to or affected by the subpoena from significant expense or harm.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/The-family-court-subpoenaed-my-bank-Will-the-bank-share-business-account-transactions-or-only-personal-account

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