Virginia subpoena's pro se

[dipper]

I need help figuring out the legal system in Virginia.  Soc had gave me some tips on subpoenas - but we have found it may be entirely different in Virginia.  I have found online subpoenas - but they are strictly for attorney use.

What we are looking for is evidence in the form of discipline records from the school on my ss' friends.  I tried to file the subpoenas yesterday in court and was told that dh could not do this because they are not part of the custody case.  I explained it was for evidence, but the clerk rudely told me that it didnt matter, we could only subpoena ss' records...not those of others as it is personal info....yeah...that is why it requires a subpoena...

Dont know what to do....

By the way...the clerk has been very rude.  She did not want dh to file for change in custody because 'the judge will not be happy to see this case again so soon' - never mind ss life has drastically changed in a four month period....it will be eight months since the last time they were in court...

[skye]

hi dipper what courts in VA ?

I know the VA legal system fairly well after 5 years ...would be glad to help.

you cannot by law subpeona anyones records but your own child but there are ways around it..did child get in trouble with these kids? and if so that could be your loophole..in ss records it will state the names of all offenders in the referal each recieved?

[dipper]

Hi Skye,

thank you though that does burst our bubble.

Here is the situation - we are in Charlotte county....my ss is in Henrico, but case is still in Charlotte.

SS' two buddies - he was with these children the day his mom had to call the police to search for him, he was with the girl when he was accused - though no police were called on him - for breaking into someone's home...and he was with these two when he had lit lighter fluid kicked on him and caught on fire.  These children made statements that they had been in trouble at school that week - the kicker the very day that ss was burned, and the girl was in ISS either the next day or day after..so around the same time period.

What we wanted to prove is that these are aggressive children and they should not have been unsupervised.  However, without school records to show they are discipline problems....its going to be a tough sale....

Dipper

[skye]

ok you cannot pull school records but I think you can pull juvi records with subpeona...you might can get the school records another way...let me check something before I advise further

[dipper]

Would someone else be allowed to act on my dh's behalf in court?   I am talking about making an opening statement to the judge and questioning bm.  

I am considering this myself, although I felt intimidated the last time we went to court.  But, I feel I could handle this better than my dh.  He is just not a public speaker, and while I will be on the verge of throwing up, I can usually do a rather good job.  

Will they allow me to 'represent' my dh?  It would really get bm upset.....which would be in our favor.  OF course, her lawyer would probably try to use it against us....like I am the one leading the charge...when this is totally dh's choice.  But, I will support my man..

:)