keptwoman Posted November 27, 2011 Share Posted November 27, 2011 Can someone explain why the OP would need a lawyer? I don't understand how testifying in court (if required) would need a lawyer. Quote Link to comment Share on other sites More sharing options...
Liz CA Posted November 27, 2011 Share Posted November 27, 2011 ...I am actually wondering whether they could oblige me to testify?!? The e-mail very much made it sound like I had a choice... I would never ever lie in front of a court. So, in case I go, I won't wonder a second about what I'll say - I'll just say the truth. The problem I am having is, whether I should make myself available to the betrayed ex-lover...with knowledge I gained through a friendship... (again, in case I really have a choice) You can be subpoenaed if this is a criminal case. His attorney(s) will take care of that. The "private" disposition option, if indeed it is an option, may be something to consider if you cannot imagine facing her. Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted November 27, 2011 Share Posted November 27, 2011 Can someone explain why the OP would need a lawyer? I don't understand how testifying in court (if required) would need a lawyer. With the possible exception of a traffic citation.. If it involves the legal process, a person should have a lawyer. Imnsho. Because the average citizen doesn't know diddly about the laws or how to protect themselves legally. Case in point here. You don't know how testifying in court could need a lawyer unless you consult one and they tell you not to worry. Until you speak with one, you don't know the possible full ramifications. OP might not need a lawyer. But it could be money well spent to find out BEFORE doing anything else. Quote Link to comment Share on other sites More sharing options...
Cammie Posted November 27, 2011 Share Posted November 27, 2011 First, this sounds like a civil matter - so there is no "prosecutor" for her to talk to and the "court" will not subpoena her on its own behalf. It sounds like a case where the guy is probably suing the girl on some type of fraud complaint. That means that either side could subpoena her (you can get subpoenaed in a civil matter) to testify in court. Second, it usually is more comfortable for a person to be able to explain that they were subpoenaed and therefore had to go to court and give testimony. Third, again since this is a civil matter if he was going to sue her as part of the case she would already know. Yes, a deposition is usually a more comfortable way to give testimony but it my no means prevents her from being called as a witness to the actual hearing. Quote Link to comment Share on other sites More sharing options...
Renee in NC Posted November 27, 2011 Share Posted November 27, 2011 The court can order you to testify, whether or not you want to. Just tell the truth, the whole truth, and nothing but the truth. :iagree: Quote Link to comment Share on other sites More sharing options...
sahm99 Posted November 27, 2011 Author Share Posted November 27, 2011 Thank you all so very much for your replies!!! When I first received the e-mail, plus two phone calls from the ex-lover, plus three phone calls from his wife(!!!) all on the same day, I just sent the wife a short SMS, telling her that we were abroad until Monday. Dh actually IS abroad and I wanted to buy time, to talk with him, and think about this whole situation. We do not live in the USA, so the justice system might be different here. This is a civil case. Here (Switzerland) there must be substantial reason to persue a civil affair, if not it will never go to court. (I don't know the details of this, but the case needs to be "approved" in a specific way.) The courtdate is 1.16.-1.18.. Three days at court is apparently very long for a civil case of this kind, between private people. Both, my ex-friend and her husband, are independently tried for fraud and "expoitation of confidence" (that's the translation). They both were VERY good friends with the other couple (ex-lover and wife). We just knew them very superficially, as all our kids were in the same school/class at one point (here comes another reason to homeschool!:lol:) There is no way, that dh and I could be in any way suspected to have participated in any wrongdoing, so I have not thought about a lawyer for me/us at all... (And I certainly hope I won't need one, as WE do NOT have 2 million dollars lying around:tongue_smilie:). From the little infos I have about the local justice system, it feels like I needed to make a choice about whether I WANT to participate in this mess (in court). I don't see a subpoena on the horizon...but again, maybe I'm wrong... This whole story is worse than any B-movie!!! Quote Link to comment Share on other sites More sharing options...
QueenCat Posted November 27, 2011 Share Posted November 27, 2011 You can tell him that you'd prefer not to appear in court. If you're fortunate, that'll be the end of it, or they'll settle for a deposition. However, if his lawyer feels your testimony in court is necessary, you'll get a summons, and you'll have to appear in court. If that happens, go to court, answer the questions to the best of your ability, and do not feel guilty about it. Try to consider it your civic duty, much like voting or serving on a jury. True. I testified as a character witness. You don't really get a chance to speak to the person, so you don't have to worry about that aspect. If his lawyer deems you necessary, than you'll get that summons & must show up. If you don't, a warrant for your arrest will be issued. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted November 27, 2011 Share Posted November 27, 2011 ...I am actually wondering whether they could oblige me to testify?!? The e-mail very much made it sound like I had a choice... I would never ever lie in front of a court. So, in case I go, I won't wonder a second about what I'll say - I'll just say the truth. The problem I am having is, whether I should make myself available to the betrayed ex-lover...with knowledge I gained through a friendship... (again, in case I really have a choice) Right now, you have a choice. If you say "no", and his lawyer thinks you're essential, the summons will come in to play. The summons requires you to testify. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted November 27, 2011 Share Posted November 27, 2011 Did I miss this part: is it a civil matter? Yes? trying hard to imagine a criminal matter based only on the post...:confused: Depends.... you don't seem to have enough info yet to know if it's solely him vs her, or if the state is charging her in a felony matter. It sounds like it could go that way, depending on how the state views it. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted November 27, 2011 Share Posted November 27, 2011 You do not discuss or converse with the man who contacted you. In the event that he is lying to you, you want to be sure that you are not dragged into the middle of drama. If you feel that you must respond to his email, state that you will cooperate with the court and will only do so after the court (or Prosecutor) has contacted you directly. You will not make any statement to any other party, including him. If the court (or prosecutor) contacts you, you state the facts of what you know. You need not give opinion or feelings or such. You simply respond to questions asked. Cooperating with the prosecution (court) will be less stressful on you. They can force you later (or pressure you) if you do not. This isn't you against your former friend. This is you simply stating fact in a truthful manner. If your former friend had done nothing wrong you would have no truths against their actions to tell. This isn't you doing something. This is you simply stating what you saw them do. They hold full responsibility for their actions and whatever consequences are their doing - not yours. It was a crime. They are criminals. Excellent advice. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.