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kkselfe · Jan 4, 2008, 03:22 PM

If you are verbally served to appear in court as a witness, is it legal?

Fr_Chuck · Jan 4, 2008, 03:41 PM

Is this a civil law suit and does one party wish you to appear for their witness? Most summoms for court will be in writing.

kkselfe · Jan 5, 2008, 05:47 PM

This is in reference to a divorce. The server went to my friends job and verbally served him to appear as a witness for the defense. He did not sign anything, but the server told him he is served. This is in the state of Virginia. My soon to be ex-husband is trying to bring my boyfriend into this. I did not start seeing this gentlemen until 8 months after legal separation. So my husband is trying to sue me for adultery after I have already filed for divorce due to mental and verbal abuse. This man just terrifies me. He is off the wall. He is doing this strictly for the money involved. So what does my boyfriend do about this situation?

ScottGem · Jan 5, 2008, 05:51 PM

Without a written subpeona he is not required to appear. I think the "server" was probably a friend of your husband's trying to initimdate him. A subpeona to testify must be filed with the court. Ask your attorney to check if such a subpeona was issued for your boyfriend.

Fr_Chuck · Jan 5, 2008, 05:54 PM

Yes, does not sound real at all, for example if you were my close friend and I wanted you to be a character witness, I may ask you to appear in court

ScottGem · Jan 5, 2008, 07:34 PM

Please don't use PMs for follow-up. Please reply to the thread.

I think I answered whether I believe the server was real or not.

JudyKayTee · Jan 7, 2008, 07:11 AM

Originally Posted by kkselfe

This is in reference to a divorce. The server went to my friends job and verbally served him to appear as a witness for the defense. He did not sign anything, but the server told him he is served. This is in the state of Virginia. My soon to be ex-husband is trying to bring my boyfriend into this. I did not start seeing this gentlemen until 8 months after legal separation. So my husband is trying to sue me for adultery after I have already filed for divorce due to mental and verbal abuse. This man just terrifies me. He is off the wall. He is doing this strictly for the money involved. So what does my boyfriend do about this situation?

Absolutely if the facts are as you say this is not legal service - if the "server" pretended to be a process server (in many States an Officer of the Court) the "server" can be charged with impersonating an Officer of the Court. Pretty much anyone can serve papers - if there actually are papers!

I am in NYS and a divorce on charges of adultery 99.9% of the time gets changed to cruel and inhuman treatment - the Court is no longer interesting in adultery allegations. At one time matrimonial surveillances were expensive and there were a lot of them - now there really is no need because the Court simply does not care.

Would also think your boyfriend could get an Order of Protection based on the "server" showing up at his work place, possibly trying to intimidate him.

What does your Attorney say - ?