Expert: Robin Sexton - 9/18/2009

Question
I received a call from a neighbor involved in a messy divorce/custody battle demanding I provide her with a copy of a picture taken by my son (a minor) at a Halloween party several years ago.  The picture is of her and her estranged husband in costume as a Dr/Nurse and he is listening to her heart via stethoscope.  She is a bit unstable and threatening to subpoena the picture.  Can she subpoena a piece of my personal property that has no bearing on anything?  I don't want to get involved.  (Pennsylvania is the state we all live in.)

Answer
Linda,

All divorces are messy, some are just messier then others.  Your neighbor could possibly subpoena the picture.  If she is represented by an attorney the attorney will make a decision at to the relevancy of the request. If she is representing herself then a court will decide.  Frankly like you i don't see the relevancy either.  You are right to try stay out of it however she and her husband both have the right through the authority of the court to subpoena relevant information and testimony.  Been subpoenaed several times myself.  The person that subpoenas me is not always happy with my testimony.

Sorry i can't be more specific, with out knowing exactly what her argument is no one can decide the probability of a subpoena for evidence or testimony.
More then likely she is just blowing smoke, she is very stressed and is reaching for anything.

Good luck

robin