crustyngrizzly 1,700 Report post Posted April 4, 2020 Family have been involved in an ongoing estate dispute for approx 5 years. One family member has been subpoenaed to appear before the judge,our lawyer and the enemies lawyer. This family member has been the target of hostile attacks for the last 5 years and i don't think that they can stand up to an attack of this magnitude. Does anyone know if a subpoena can be overuled with a legitimate medical certificate ? I will be approaching the family lawyer on Monday but in the meantime i though i would ask some intelligent Race Cafers for thir opinion. Thanks in advance. Quote Share this post Link to post Share on other sites More sharing options...
Ohokaman 5,825 Report post Posted April 4, 2020 1 hour ago, crustyngrizzly said: Family have been involved in an ongoing estate dispute for approx 5 years. One family member has been subpoenaed to appear before the judge,our lawyer and the enemies lawyer. This family member has been the target of hostile attacks for the last 5 years and i don't think that they can stand up to an attack of this magnitude. Does anyone know if a subpoena can be overuled with a legitimate medical certificate ? I will be approaching the family lawyer on Monday but in the meantime i though i would ask some intelligent Race Cafers for thir opinion. Thanks in advance. Tough situation Crusty. I would have thought that a medical opinion stating a person was incapable, for whatever reason, of appearing in person, would have to be considered. We have seen it plenty of times before. There is the option of video conferencing, but that’s a judges call. crustyngrizzly 1 Quote Share this post Link to post Share on other sites More sharing options...
6xes 699 Report post Posted April 5, 2020 http://legislation.govt.nz/act/public/2011/0081/latest/DLM3360284.html Quote Share this post Link to post Share on other sites More sharing options...
Ohokaman 5,825 Report post Posted April 5, 2020 8 minutes ago, 6xes said: http://legislation.govt.nz/act/public/2011/0081/latest/DLM3360284.html Bloody irrelevant ( like most of your posts ) in this case. There is no suggestion they are refusing to testify. crustyngrizzly 1 Quote Share this post Link to post Share on other sites More sharing options...
crustyngrizzly 1,700 Report post Posted April 5, 2020 Very correct Ohakaman. Quote Share this post Link to post Share on other sites More sharing options...
crustyngrizzly 1,700 Report post Posted April 6, 2020 On 4/4/2020 at 2:42 PM, Ohokaman said: Tough situation Crusty. I would have thought that a medical opinion stating a person was incapable, for whatever reason, of appearing in person, would have to be considered. We have seen it plenty of times before. There is the option of video conferencing, but that’s a judges call. Just been advised that its a must do but lawyer also advised that he will not allow questioning to go off track which is what i presume they do already. Quote Share this post Link to post Share on other sites More sharing options...
Ohokaman 5,825 Report post Posted April 6, 2020 35 minutes ago, crustyngrizzly said: Just been advised that its a must do but lawyer also advised that he will not allow questioning to go off track which is what i presume they do already. Odd that. I would have thought a medical opinion, presuming the conditions are serious enough, are more than sufficient grounds. Researching it a bit, it would seem that you do have to appear. You can take the cert with you and they will decide what you can or cannot do. If not serious enough, probably not worth much it appears. Good luck anyway Crusty.... People also ask Can a doctors note get you out of a subpoena? If you have been subpoenaed, you MUST appear for Court. The doctor's note might or might not excuse you from being required to testify, depending on what it says and why they feel you can't testify... Quote Share this post Link to post Share on other sites More sharing options...
