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It depends on the circumstances. If it is in connection with a Grand Jury, then that is usually not allowed, nor is a Guardian Ad Litem required to participate in certain court proceedings. Federal and state proscecutors and assistants are also exempt. If it concerns a case where the attorney represented one of the parties or some immediate connection such as the same law firm, the attorney cannot be forced to testify as that constitutes a breach of the client's right to confidentiality. In cases that directly relate to the attorney such as a malpractice case the judge will generally allow other attornies to be subpoenaed as witnessess for either side.

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10y ago
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14y ago

Certainly. It is the proper way to compel witnesses to show up for depositions and for court.

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Q: Does an attorney in private practice have the authority to issue a subpoena?
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