QUESTION
What should I do because I don't want to go to court to testify?
Asked on Aug 03rd, 2013 on Personal Injury - Michigan
More details to this question:
I just got a subpoena to be a witness in a case but I don't remember anything related to that case. I had no idea how, why, they selected me to be a witness without my permission. Thank you for your time.
13 ANSWERS
James Eugene Hasser
You have to go to court unless the lawyer who subpoenaed you tells you don't have to be there. Call him or her up and find out why you were subpoenaed. If you don't agree with their reasoning, you can always ask the judge to be excused, but don't just not show up. You may risk getting thrown in jail.
Answered on Aug 09th, 2013 at 9:34 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Call the attorney who subpoenaed you. Discuss with the attorney what you do or don't know about the case. The attorney may release you from the subpoena. However, if the attorney still wants you to testify, you must go. Don't worry. It won't hurt.
Answered on Aug 09th, 2013 at 9:34 PM
Your permission does not have to be asked. Contact the attorney who subpoenaed you and tell them that you do not remember anything about the incident and do not want to testify. If they still insist you be there then you have to show up.
Answered on Aug 09th, 2013 at 9:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have to go and state you do not remember if you are summoned.
Answered on Aug 09th, 2013 at 9:34 PM
You need to go to court or risk being held in contempt, which could result in a fine. If you don't remember anything, just say so and your testimony will be very short.
Answered on Aug 09th, 2013 at 9:34 PM
4 Awards
They don't have to ask your permission to be a witness. If you saw something they have the right to subpoena you whether you agree or not. They don't usually just pick someone out of a straw hat to testify so my guess is that you are mentioned in a report or by another person as someone who has knowledge related to the case.
Answered on Aug 09th, 2013 at 9:34 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Call the lawyer who asked for the subpoena to be issued to you and see if he/she really wants or needs your testimony. If you don't get excused, go. A subpoena is a court order to appear, so appear. Nobody can make you know or remember something you don't know or remember you only obligation is to tell the truth. But whatever you do, don't ignore the subpoena.
Answered on Aug 09th, 2013 at 9:34 PM
Insurance Defense Attorney serving San Bernardino, CA
at
Ricks & Wear, PLC
Update Your Profile
Unfortunately you will probably have to testify at trial or deposition that you don't remember anything but it wouldn't hurt to contact the attorney issuing the subpoena and tell him/her that and see if they still want your testimony. If the issuing attorney insists on your testimony you must appear per the subpoena. If you really don't/can't attend as noticed then consult an attorney to see if there are sufficient grounds to quash the subpoena or at least negotiate modified terms (where, when).
Answered on Aug 09th, 2013 at 9:34 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Call the lawyer who issued the subpoena and see what is up.
Answered on Aug 09th, 2013 at 9:34 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
They don't need your permission, and you have to respond to the subpoena, you have no choice. I would call the attorney who had the subpoena served upon you and tell him you don't have any recollection of the incident (or the subject matter of the litigation) and suggest to him (or her) that he (or she) ask you whatever questions they want answered so that the attorney will know you have no recollection. None of us want to call a witness to testify at trial who has no recollection of the incident, it makes us look bad in front of the jury.
Answered on Aug 09th, 2013 at 9:34 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
at
David A. Easson
Update Your Profile
You have no choice. Go to court and if called tell the truth.
Answered on Aug 09th, 2013 at 9:34 PM
Thomas Edward Gates
They do not need your permission to identify you as a witness. If you do not remember the events, that is what you state when testifying.
Answered on Aug 09th, 2013 at 9:34 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
Why don't you call the lawyer that issued the Subpoena and discuss your insight, they may decide not to call you as a witness. However, unless excused, a Subpoena REQUIRES your attendance and ignoring same can lead to contempt of court proceedings vs. you. You may also hire your own counsel in this matter.
Answered on Aug 09th, 2013 at 9:33 PM