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Strictly speaking, if you are subpoenaed even as a character witness you must obey the subpoena and appear.

Practically speaking, you might get out of it if you have a low opinion of that party's character. A character witness gives personal opinion testimony as to the good character of a party in either a civil or criminal case. If you do have a low opinion of he party, that party's attorney is not going to call you, unless you have made precious statements that you cannot deny as to the good character of the person. No attorney wants a hostile character witness.

One thing you MUST keep in mind is that you may not get out of testifying by threatening to testify that you have a low opinion of a person when you have a high regard for that person. You just might get your bluff called and wind up on the stand under oath facing a perjury charge if you carry out your threat in court.

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15y ago

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