Subpoena to give evidence whilst on maternity leave
I was hoping there might be a lawyer who could give some insight because I can't seem to get a straight answer.
I am a psychologist and have received a subpoena to give evidence for a client in regards family court issue. I was meant to go to court next week however the current dates have been vacated and now look to be set for mid-November. This would be fine but my previous experience has been that the next date can often also be vacated and if this happens I will be on maternity leave. I know from others experiences that they have still had to give evidence (one was even on bed rest due to pre-pre-pre-eclampsia and was required to do so over the phone). I really don't want this to happen.
Does anyone know if I have any choice in the matter? Can another psychologist offer to go instead?
Any opinions/advice/direction would be much appreciated!
In order to decline an invitation fom the Court you have to pretty much be dead!
Perhaps you can speak to the party you are giving evidence for and see if an adjournment can be agreed upon. Of course, even then it will be up to the Court.
Thanks. That's what I thought
I will have a chat with the person who issued the subpoena but I highly doubt it will help as usually a report is requested over my attendance if it is thought that it would be enough. I think if I am on leave I will just push to do it over the phone. The judges have been ok with this in the past. Fingers crossed for everyone's sake an agreement can be made and the case settled.
Court is so scary though - even when you are not the one in the hot seat! How you do it on a regular basis Divvy I do not know. My hat goes off to you.
I hope you don't have too. I had a subpoena to give evidence when I was 36 weeks pregnant. I was very stressed for the months beforehand and the police didn't seem to care about the mental health of me and my bub with all the stress they were causing. I offered to do it in another room because I was so scared of seeing the guy, but they said I had too. In the end , on the day the judge decided my statement on paper was enough so I didnt have to go on the stand. It upset me so much because they decided this on the day and I had to see the guy in the hallway who I was scared of knowing my identity.
Stressful and scary and not something a person needs when they are about to give birth or while they are on mat leave with a baby!
Razzberry that sounds really horrible. Luckily for me I can try to distance myself as it is a professional opinion but I still get nervous about it all and in this instance it is a bit different to how I would normally become involved in a court case. In any case being on the stand isn't the first thing I want to be doing when in my last trimester or just after giving birth. I was hoping to have six months of uninterrupted time with my baby.
I've taken Div's advice and hopefully they will choose to subpoena the other psychologist involved rather than myself, but ultimately if it is me they want then there is little I can do.
I have examined witnesses via telelink in the Federal Court. They can send you a court book, so you're looking at the same evidence, they can ask questions with the phone on speaker so everyone can hear your answers, the Judge can ask questions, etc. They might be willing to do that.
But of course, it depends on what they want you there for, what court you're in, what facilities are available, and whether they actually need you there in person.
Give the lawyers a call and discuss it - see if they're happy to subpoena someone else, or if they're happy to examine you over the phone. They might be flexible.
If they are, they may be able to work this out in advance with the other parties (who may want to cross examine you) and the Court (who will need to organise the telephone link up, so it can still be transcribed, etc).
If you're not formally excused, you must comply with the subpoena. [[I've also been involved in proceedings where paramedics were going to be on standby for one witness who had requested, and been refused permission to not attend due to medical reasons, and as it wasn't consented to, paramedics had to be organised in case anything went wrong ... luckily, the matter settled and the examination became moot...]]
This is completely random, and sorry to hijack the thread, but what happens if it gets to the day and someone is too ill to attend? Or in labour? Are there provisions for this?
Thanks for the advice girls. I have stepped in and provided the evidence in the past for another psychologist who was heavily pregnant but in this incidence it was the independent children's lawyer who issued the subpoena and it was a simple discussion with them to sort it out. In this case the person is self representing and it makes it that bit more complicated. I have accepted that I can't do anything about it and am just hoping the dates don't get pushed back again. If its done before the end of the year I will be happy. If not I guess I will deal with it then. I guess my frustration is that I won't be able to give the person what they are wanting so there really is no point in my involvement. Never mind.
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Subpoena to give evidence whilst on maternity leave
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