Question:
I need to know divorce court rules for issuing subpoenas and witness lists as I am handling my divorce pro se.
I am compiling my list of witnesses. Do I have to give this list to my wife’s divorce lawyer before trial or can I just have the witnesses show up?
Also, how do I issue a subpoena to certain members of her family that I want to request appear in court?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma laws where I am licensed to practice.
Regarding witness lists, where I practice it depends on the judge on when you must provide the opposing divorce lawyer with your list of witnesses.
Most judges enter what is typically called a “Scheduling Order.” This order provides deadlines as to when certain documents have to be exchanged, when certain pleadings must be filed, and upcoming court dates.
If a Scheduling Order is not entered, there is not a set rule where I practice that states when a witness list must be exchanged. I would first look at any order entered by the court, then look to the statutes in your state, and finally any local or district court rules.
Divorce Court Tips:
Regarding issuing a subpoena, I am assuming you are referring to a subpoena ordering someone to appear to testify. First, you need to research to see if you can issue the subpoena as a pro se litigant or if it has to be issued by the court clerk or a judge. Some states only allow court officials and attorneys to issue a subpoena.
Where I practice, all issued subpoenas have to be sent to all parties involved in the litigation and allow for a set period of time to objection.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Kapp, contact Cordell & Cordell.
