QUESTION
What happens if I recieve a subpeona but will leave the state before the court date? How?
Asked on Sep 08th, 2015 on Litigation - Alabama
More details to this question:
I got a subpoena the other day. I immediately called the lawyer who gave it to me and informed him that I am moving out of state before the court date and there is no way with me being unemployed I will be able to fly up for the court date. The incident this is regarding is a civil matter which happened while I was working and was the one who spoke with the claimant since I was a security supervisor. This incident happened almost 5 years ago. Since then, just last may I have returned from Iraq and been dealing with a multitude of psychological issues. Having to deal with this now on top of everything else is just making things worse for me. In January I met with all the lawyers and gave statements and answered questions on what little bit I could recall, and since then for me psychologically in my everyday life things have really gotten much more intense. I don't see this court thing as being practical with my state of mind and moving as well. What can be done about this seeing as I won’t even be around during the date? Will I be in trouble if I do not show? Should I get a letter from my doctors stating that I am being seeing for several mental health issues?
3 ANSWERS
Ronald A. Steinberg
Contact the lawyer who initiated the subpoena and tell them about your conflict. They will usually accommodate you.
Answered on Sep 08th, 2015 at 8:43 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: unless you are released from the subpoena by the Court, you must appear at the time and place indicated. Otherwise a warrant can be issued (and served at your new lodging), and you could be held in contempt of court and jailed. DO NOT LET THIS HAPPEN. I suggest you keep talking with the lawyer who issued the subpoena. In most states, it is permissible to take the testimony of someone who is very ill, or who is going to leave the state, in the form of an 'evidentiary deposition.' I usually do it on vidotape. If the lawyer will not help you, notify the court of your intended departure, and ask the judge to order the taking of your evidentiary deposition before you move away. Any letter to the court must also go to all the lawyers in the case, and should identify the case clearlysuch as X vs. Y, Case No.
Answered on Sep 08th, 2015 at 6:47 PM
James Eugene Hasser
If you are served with the subpoena, you will have to go to Court or risk being thrown in jail for contempt. You will need to get the Court or the lawyer who subpoenaed you to excuse you. Good luck.
Answered on Sep 08th, 2015 at 5:20 PM