Avoiding a summons to witness

H

Helpinghands

New member
This question is on behalf of my friend.

She is going for trial and is now trying to summon a witness. This witness is the other party's sister. Process server went in the morning and husband answers and says come back at 7. Server goes at 7... No one there. Server calls witness and she says she will be home in a hour. Server goes again and lights are out and nobody answers the door. Her car is in driveway. She doesn't answer his phone calls either.

Clearly she is avoiding a summons. What options does my friend have now?

Thanks
 
You can leave it with another member in the house. So not sure why a process server wouldn't know that.

You can also leave it at the residence in an envelope - server should know that...
 
According to rule 6 a summons has to be served by special service and to the person being summoned. We can leave it with someone else if that person is mentally not capable of . Regardless, no one is answering the door and it cannot be left in an envelope at the door.
 
Avoiding a summons to witness

But that's ok because if My friend can show that she is purposely avoiding summons which she can and will without any problem, then she can be arrested and brought to court. That should be very interesting :)
 
Yup!!! Other party won't call her so my friend has to call her to get information from her. Witness and other party know thy are screwed and are avoiding the summon. Arrest warrant to follow . Sweeeet
 
Helpinghands said:
Yup!!! Other party won't call her so my friend has to call her to get information from her. Witness and other party know thy are screwed and are avoiding the summon. Arrest warrant to follow . Sweeeet
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not so sweet. The person could be evasive or just refuse to co-operate. Unless your friend has other evidence then the word of this person I wouldn't count on the persons testimony.
 
Avoiding a summons to witness

My fried has ample evidence against the other party and his sister. That's why she is avoiding it because her lies will get caught. "If you have nothing to hide then produce it "
 
Make sure you have the process server attest that he was unable to serve witness and provide details. I believe you can take this to the judge and request a bench warrant can you not?

No you cannot serve someone's husband.
 
Not sure if its a possibility or not but I was having a really hard time when I brought a contempt motion against my daughters mom. She was being evasive, her mother was threatening my wife when she came to serve, and we even had a keep the peace officer with us and still couldn't get her served. I filed a motion and a judge granted me special permission to serve her by courier and by leaving a copy in her mailbox in an envelope.
 
Dadx5, I agree considering the ex is being difficult. But it's not the same as a witness.

I myself would not call the parties sister as a witness. That's crazy, she will only hurt your case regardless of waft you think you know. Perjury is not strongly enforced in family court. So be sure you got the goods to probe it.


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OntarioDaddyMan said:
Dadx5, I agree considering the ex is being difficult. But it's not the same as a witness.

I myself would not call the parties sister as a witness. That's crazy, she will only hurt your case regardless of waft you think you know. Perjury is not strongly enforced in family court. So be sure you got the goods to probe it.


Sent from my iPhone using Tapatalk
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isn't it a case of if the person having all this "evidence" it isn't their responsibility to call the sister as a witness. Is it not the exs responsibility to call her as a witness to say the "evidence is a lie or whatever?

I just cannot see how involving the exs sister is a good idea on any level.
 
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