QUESTION
What do I do if I received a subpoena but I can't go?
Asked on Dec 26th, 2011 on Personal Injury - California
25 ANSWERS
4 Awards
A subpoena is a court order requiring you to appear. The question is-what is the reason that you "can't go?" You may contact the judge in the matter and advise him/her if the reason is a good one. The party that issued you a timely subpoena is entitled to a new court date and to require you to come at a later date without further costs if you are a necessary witness. You may also call the attorney for the party who issued the subpoena, and depending on the reason for your absence, they may require your deposition instead.
Answered on Dec 29th, 2011 at 11:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You speak to the lawyer who issued the subpoena. If you satisfy him (or her) there should be no problem. Under no circumstances should you just fail to show.
Answered on Dec 29th, 2011 at 11:35 AM
Contact the attorney's office which sent the lawsuit and state your reason for not being available at the date and time specified in the subpoena. Perhaps, a different date and time can be mutually agreed upon.
Answered on Dec 29th, 2011 at 11:29 AM
Sam Louis Levine
If have been subpoenaed as a witness to give sworn testimony about a car accident that you witnessed and cannot make it, go ahead & contact the attorney who issued the subpoena to seek alternative arrangements.
Answered on Dec 29th, 2011 at 11:14 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You need to call the attorney who represents the party who issued the subpoena, and discuss alternatives. If it is for a deposition, it can probably be rescheduled, but if it is for a trial, you can be forced to attend and testify.
Answered on Dec 29th, 2011 at 11:10 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Contact the subpoenaing attorney and ask to be released or to accommodate your schedule. If you do not go, the court can and probably will issue an arrest warrant for your failure to obey the subpoena.
Answered on Dec 29th, 2011 at 11:09 AM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
3 Awards
You need to call the attorney who sent you the subpoena and explain the situation. Usually the attorney will work with you. If not then you will have to file a Motion To Quash The Subpoena.
Answered on Dec 29th, 2011 at 12:31 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed. Do NOT contact the judge yourself. You might inadvertently say something to make the judge mad, possibly getting held in contempt of court. Get a lawyer to do it for you.
Answered on Dec 28th, 2011 at 11:45 PM
You are legally obligated to follow the subpoena. I suggest calling the lawyer or court that issued the subpoena to see if they can reissue it for a more convenient time.
Answered on Dec 28th, 2011 at 6:47 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Call the lawyer that issued the subpoena and see what they will do for you.
Answered on Dec 28th, 2011 at 6:46 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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You are not at liberty to ignore a lawfully issued and served subpoena. You should contact the attorney who had the subpoena issued and make appropriate arrangements. Most attorneys will work hard to accommodate a witness. If that does not work, you should call the judge, explain the situation respectfully, and request reasonable accommodation. If absolutely necessary, you may need to hire an attorney to file an objection to the subpoena and request that the subpoena be quashed. Keep in mind that "I'm busy" or "my boss will be mad if I miss work" or "I have a baby" or "I can't afford to miss a day of work" are not grounds to quash a lawfully issued and served subpoena. If you were hurt in an accident (or wrongfully accused of hurting someone in an accident), you would want witnesses to cooperate. Do unto others as you would have done unto you.
Answered on Dec 28th, 2011 at 6:30 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Call the attorney who issued the subpoena, let them know your conflict, and see if you can move your appearance.
Answered on Dec 28th, 2011 at 6:19 PM
Call the lawyer who sent you the subpoena.
Answered on Dec 28th, 2011 at 5:22 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on why you can't go. If it is a good enough reason, call the attorney who subpoenaed you and ask if you can be excused. If not, file a motion to quash the subpoena (you may need to hire an attorney to do this).
Answered on Dec 28th, 2011 at 5:22 PM
1 Award
Contact the attorney who issued it and advise him/her of your dilemma.
Answered on Dec 28th, 2011 at 4:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is a name at the bottom of the Subpoena of the attorney who served the Subpoena on you. Call him/her right away and explain your situation. They may be able to work out alternate arrangements.
Answered on Dec 28th, 2011 at 4:52 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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You send a letter to the attorney who sent you the subpoena, or the police officer, and to the court, explaining why you cannot go. I would suggest you find a way to go. The reason better be a good one or you could be facing contempt of court charges.
Answered on Dec 28th, 2011 at 4:50 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Call the attorney who served the subpoena. If you ignore a subpoena, you can be picked up by the sheriff under a body attachment and held until the court releases you.
Answered on Dec 28th, 2011 at 4:49 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Depends on what its for records? to attend a deposition? or to attend trial? If its for records or a deposition, it can probably be changed to accommodate your schedule. If its for trial, they will work with you to an extent, but trials usually take place between 9 am and noon, and then 1:30 to 4:30 pm. Most trial lawyers will work with you to make it fit. But if you have to miss work, the subpoena trumps work and your employer cannot do anything about it and cannot penalize you for complying with a subpoena. So, call the attorney and see what can be worked out.
Answered on Dec 28th, 2011 at 4:47 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Call the attorney that sent it and tell the attorney you can't make it. Offer to show up on a different date.
Answered on Dec 28th, 2011 at 4:47 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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The best thing to do is to call the office of the attorney who sent you the subpoena right away. Generally, they will work with you on a convenient date to take your deposition since they must feel your testimony will help their client.
Answered on Dec 28th, 2011 at 4:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Call the clerk of the court and give your excuse. It needs to be very good.
Answered on Dec 28th, 2011 at 4:41 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Call whoever subpoenaed you and explain your situation. They may be willing to have you testify at a time and place convenient for you. If not, unfortunately, you better go. Most attorney's will work with you on things like this. Also, they may be willing to videotape your testimony (if this is for trial) to be played to the jury later. You've got options, be nice and they will work with you.
Answered on Dec 28th, 2011 at 4:41 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Call the issuing office and tell them that you cant go on the date and time selected. Otherwise you will be causing the Court to sit around and wait for you.
Answered on Dec 28th, 2011 at 4:40 PM
Contact the attorney for the party who issued the subpoena for your appearance.
Answered on Dec 28th, 2011 at 4:40 PM