 |
Today I got a subpoena to court.
It involves my neighbors who recently divorced.
The husband wants his tools or something.
do i really have to go?
I mean my testimony won't make or break the case.
I think its bull that the people in our neighborhood have to lose a days pay
For other peoples problems.
Now the person that delivered the subpoena was not the sheriff,
He worked for the attorney.
He gave it to my neighbor to give to me
Since I was not at home at the time.
is this even legal to do?
A subpeona is command to appear.
Yes, in many states in civil cases there are private process services who serve subpeona, once they serve it, it is as legally served as if the judge hisself handed it to you.
You can of course call and find out if they are paying your expenses.
Yes and yes. If you do not appear you will be held in contempt of court and a warrant can be issued for your arrest. Generally, if you are a witness, you will receive a witness fee - not sure how much it is anymore. Used to be around $50.00. Whatever it is, or is not, you do have to appear, or face the legal consequences.
Quote:
Originally Posted by shygrneyzs
In my area it's $15 plus mileage - and, no, there's no choice but to appear and, yes, any adult can serve process.
hossbonnam writes: "he gave it to my neighbor to give to me since i was not at home at the time." What state? Service of the subpoena may be defective and not enforceable.
Quote:
Originally Posted by George_1950
It's substitute service - I have no idea where the neighbor was at the time (you can't go door to door looking for a responsible adult) but this is legal in every State as far as I know. The neighbor had the option of not accepting it.
Hoss: don't know what state you are in and state law may apply. Most states have passed a similar law to the Federal Rules of Civil Procedure. "Rule 45 ... '(b) Service. (1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law....(4) Proof of Service. Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server....(and)(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena."
You may want to contact your attorney for advice as to the law in your jurisdiction.
Best now to contact a lawyer and ask them. I know I had been served before and it was improper. But either way you might contact the serving party and ask about a deposition rather then having to go to court and wait it out till your called. It really depends on what testimony the parties are looking for.
Well the problem is I was served 72 hours before the court date.
Served on a Saturday and now I have to contend with my employer
On Monday and when I go in on Tuesday
Im sure they are going to make me put in the extra hours to make it up.
Its bull because I couldn't care less about some other persons domestic problems.
In my experience with lawywers in this area, it is highly
Unlikely ill get anyone on the phone tomorrow in order
To try and excuse myself from this crap.
If it is in fact an actual subpoena then yes, you have to go and testify, regardless of how insignificant you believe your testimony to be. Otherwise a warrant could be issued for your arrest. Not necessarily suggesting that that'll be the case, especially if your testimony is as unimportant as you seem to believe but best not to take that chance.
Quote:
Originally Posted by hossbonnam
It varies from Court to Court and Attorney to Attorney but I have never served a subpoena that didn't have a note on the bottom to call the Attorney before reporting to testify in the event the hearing has been cancelled or adjourned.
In my area if you call the Attorney sort of goes over things with you and decides whether your testimony is necessary. At the moment your knowledge (or lack of knowledge) is unknown.
Quote:
Originally Posted by JudyKayTee
It over now.
I missed work, I went and complained when I saw the lawyer so he sent me home.
The court said they could pay me $9 pending all attorney fees and court costs are paid.
And she concluded that that rarely happens.
Thank you all for your help.
All that fuss for basically nothing? But you see, the attorney would not have known your input was not necessary. Someone put your name down - possibly the defendant.
| All times are GMT -7. The time now is 01:17 PM. |