QUESTION
Why am I being subpoenaed? I plan to call the court tomorrow, but is the non refundable trip a good enough reason?
Asked on May 02nd, 2013 on Personal Injury - Michigan
More details to this question:
I am 21 years old and have never been pulled over or received any type of ticket. Less than a month ago I was in a car accident, and the other party and I were both issued tickets and that was that. My vehicle was totaled and his is salvageable for $1700. I live in a no fault state, but because of the torte law or something along those lines, this guy and his family are coming after me for $1000 which is the maximum you can receive here. Insurance and a family friend who is an attorney advised that we deny them so we did. I made a court date of May 20th to try and keep the points off my record. I have all of the money set aside to pay the fine. Today I received a letter in the mail saying I was being subpoenaed to testify at a hearing. The other party in the accident is the defendant, and it says it is a criminal case. I don't understand what they need me for. Also, I just graduated college and I've had a trip planned since August. The problem is that I'd be leaving Sunday the 12th but have been subpoenaed for the 13th.
7 ANSWERS
Ronald A. Steinberg
If you have made plans in advance, you should call the party who subpoenaed you and explain why you cannot be there. Ask to reschedule. if the lawyer is a jerk, then get a lawyer to file a motion to quash the subpoena on your behalf, and advise the court of the reason. Most lawyers will accommodate you.
Answered on May 09th, 2013 at 2:39 PM
James Eugene Hasser
You apparently are a witness in a criminal case against the person you were in the wreck with. Call whoever it is that is subpoenaing you and tell them your situation. See if you can't work something out. Good luck.
Answered on May 08th, 2013 at 1:53 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You should obey always a court subpoena. See a lawyer if you need help. He may be able to get the matter postponed for you.
Answered on May 08th, 2013 at 1:46 AM
Contact the DA's Office as they would be the one who issued the subpoena and not the court [has court stamp on it but parties issue subpoena]. Find out what the charge is against the Defendant and why there is a criminal trial [would not be for the ticket] and the likelihood of it going forward to see if DA will let you goon your trip [likely not]. "No fault" refers to divorce actions not torts; to be successfully sued you have to have been at least somewhat at fault. Small Claims court in all of California has a limit of $7,500.
Answered on May 08th, 2013 at 1:27 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They need you because you are a witness to the accident. Contact the attorney or court official who subpoenaed you and ask if they can get the case put off or do without you. If you cannot get excused, you will just have to miss your trip, or part of your trip. Unfortunately, with the freedoms we have in the USA come civic duties that can sometimes be inconvenient.
Answered on May 08th, 2013 at 1:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are asking you to testify to establish the other driver was at least partially at fault, which means you were less or not at fault. You were in the accident, it has consequences, you were partially responsible. Take responsibility and do your duty, it is the adult thing to do.
Answered on May 07th, 2013 at 11:43 PM
John Hone
You have been subpoenaed and must either fight it or appear in court. Your question shows that you have a lot of misunderstandings about no fault and the law. Beware of listening to family friends and others who claim to have knowledge: opinions are not facts. That is what separates lawyers from lay people. Contact the Court. At this moment, without more being done, you must go to Court.
Answered on May 07th, 2013 at 11:40 PM