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2009 SESSION

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SB 1340 School teachers as witnesses; party in any case involving custody of minor child may have subpoena.

Introduced by: Mark R. Herring | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

School teachers as witnesses in certain proceedings.  Provides that a party in any case in which custody or visitation of a minor child is at issue may have a subpoena issued to summon a teacher of the child to testify at a deposition or a court hearing. Prior to having the subpoena issued, however, the party shall contact the teacher to determine his teaching schedule, make reasonable efforts to avoid conflicts with that schedule, and explain to the teacher the party's reason for seeking the teacher's testimony. The bill permits the court to modify the date prescribed in the subpoena for attendance at the deposition or court hearing if it finds that such teacher's teaching responsibilities would otherwise be impaired by compliance with the subpoena. Furthermore, the bill authorizes the court to impose sanctions upon any party who has such subpoena issued in bad faith.


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