Get FL 12.944(a) 2015-2024

Rule 12.407, Florida Family Law Rules, provides that minor children may not be deposed (have their deposition taken), brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court.

A subpoena is a court order that a person appear at a certain time and place to testify in a case. A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time. ... You cannot ignore a subpoena.

A subpoena is a court order that a person appear at a certain time and place to testify in a case. A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time. ... You cannot ignore a subpoena.

In some cases, the subpoena may be left with an adult member of the household. If the subpoena is not legally served on the alleged victim or witness, then there is no legally binding order for the person to appear in court. As such, there is no power of contempt in the court.

A subpoena cannot be served by a party such as a plaintiff or a defendant. However, the court would not generally appoint someone to serve the subpoena. The parties are free to utilize anyone over 18 except for the party itself to do the service...

A sheriff of any county or any person who is not a party to the case and who is at least 18 years old can serve a subpoena. You are not allowed to serve a subpoena in your own case. For more information about service rules, see Frequently Asked Questions About Service of Process in Maryland.

Yes, the State can compel anyone to testify by way of a subpoena. However, in order for the State to properly force the child, they would actually need to serve the subpoena on a parent or legal guardian to bring the child to court.

A subpoena is a court order that a person appear at a certain time and place to testify in a case. A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time. ... You cannot ignore a subpoena.

Yes, a ten year old can testify in court.

The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify. ... This means that in most cases, you can't be forced to testify against your spouse in court.

Previously, the family law court had discretion to allow a child to testify, but only as to custody preferences. Now, once a child is over 14 years old, the general rule is that the child may testify as to custody OR visitation, unless the court determines that testimony would not be in the child's best interests.

The Florida legislature has not provided a specific age-range to judges, so the discretion really rests with the court to decide. Florida Statute 92.55 provides for the use of witnesses for children that are under 16 years of age and for witnesses that suffer from a mental handicap or have other special needs.

Family law judges take many other factors into consideration. Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging.

The court must listen to a child who is 14 years or older unless the court determines that it is not in the child's best interest to do so. When a child is under the age of 14, the court must first determine whether or not it is in the child's best interest to listen to him or her.

Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge's chambers or in a closed courtroom.