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Peaches1218 · Oct 7, 2010, 08:57 AM

I am a victim of Assault and I received a subpoena stuck in my door. Do I have to show up? What will happened if I do not?

martinizing2 · Oct 7, 2010, 09:05 AM

If you are the victim , why would you not want to show up?

AK lawyer · Oct 7, 2010, 09:10 AM

I don't know where you are, but it is likely that sticking it in the door is not good service. Was there a witness fee included?

Peaches1218 · Oct 7, 2010, 09:14 AM

It was a bad situation with an ex boyfriend. I know it's hard to understand why I would not want to go but it's complicated.

Also no there was no witness fee included. Just the one paper in my door.

twinkiedooter · Oct 7, 2010, 04:20 PM

If you don't show up more than likely the perp is going to walk out free. Why wouldn't you want to see justice done in this case? The Judge could also issue a Writ of Bodily Attachment meaning that the cops will come and get YOU, lock you up in jail and then take you to the courtroom to testify when the DA calls you as a witness. Yes, I have seen this happen a few times. Better to just show up and tell the truth. The perp owes you nothing. You owe the State your testimony as the state did after all decide to prosecute this guy. Why would you make everyone waste their time when YOU were the one assaulted? Don't understand your fuzzy logic here. Maybe you could enlighten us here as to why you don't want to show up.

And you were served. You don't need a witness check(fee) either if you live in the same town as the courthouse. Witness checks are usually for folks who live out of town or out of county or more than so many miles away from the courthouse where the proceedings are to be held. Some counties actually mail witness subpoenas, some don't.

AK lawyer · Oct 7, 2010, 04:40 PM

Originally Posted by twinkiedooter

...
And you were served. You don't need a witness check(fee) either if you live in the same town as the courthouse. Witness checks are usually for folks who live out of town or out of county or more than so many miles away from the courthouse where the proceedings are to be held. Some counties actually mail witness subpoenas, some don't.

Questionable. Of course it depends upon which state and jurisdiction you are in, but the FRCP (federal rules of civil procedure, incorporated by reference in the criminal rules) are illustrative:

Rule 45 (b)
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. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies.
...

Federal Rules of Civil Procedure - Rule 45

Leaving it in the door is not "delivering a copy to the named person." There is usually no exception to the witness fee requirement for a witness "in the same town as the courthouse". If the witness is farther away the fee can be higher, but the basic fee requirement doesn't go away even if you live next door to the courthouse.

I agree that you should show up and testify anyway. But I would inquire as to what the person who left it in the door thought he or she was doing. It's clearly bad service. Apparently you don't even know who left it there, so don't be surprised if you show up and no one calls you to testify. I'm guessing that the lawyers involved didn't authorize this.

Fr_Chuck · Oct 7, 2010, 05:00 PM

Of course the DA could ask for case to be continued and charge you with failure to appear, put you into custody till the next court date. *** doubt it will happen, but again if the DA really wants this person, if they took your statement and needs it. They are known ( at least around here) to really go back at the victim for not showing up.

Now also if you are not going because you are scared of them, and they have threatened you, that is another crime.