Does a mental disability constitute "undue burden"?

[yellorowz]

What is the name of your state? Maine

I was served a subpoena to appear in court as a witness in a case to evict a tenant at the housing complex where I live. I did want to try to appear because I was told that without me, they couldn't win the case. And the woman has been a terror to many tenants here. But, when the time came, I simply could not go. Thankfully, I haven't (as yet) been charged with contempt of court, or taken to jail.

I suffer from an extreme social anxiety disorder (well-documented), and to be forced into that kind of situation would likely result in me 'freezing' and being unable to speak or respond, at best, but it is much more likely that I would have a full-blown anxiety attack. I can't believe that I can be forced to appear in court where I would experience that kind of trauma and humiliation.
Would that not constitute "undue burden"?

 

[seniorjudge]

Appearing as a witness can be traumatizing for a normal person.

Get your ducks in a row with complete documentation and be ready to answer the judge's nasty questions.

 

[yellorowz]

Yes, and the "normal" person doesn't face the possibility of a devastating anxiety attack that can do nothing positive for the court proceeding, and is terribly damaging for one with social anxiety disorder.

 

[seniorjudge]

"...and is terribly damaging for one with social anxiety disorder...."

I can well imagine.

Let's just hope that judge has a little sense...that's why I say get them ducks in a row!

 

[yellorowz]

So, in your opinion, would such a severe anxiety problem constitute "undue burden" that would be 'grounds' to quash the subpoena?

 

[rmet4nzkx]

Contact the court and ask for the ADA coordinator, all courts must make reasonable accommodations for any person with business requireing access to the courts, they can arrange for your testimony in another form etc as an accommodation. Does the persson issuing the summons know of your disability?

 

[seniorjudge]

"So, in your opinion, would such a severe anxiety problem constitute "undue burden" that would be 'grounds' to quash the subpoena?"

I do not know because I have not read your medical reports; that's why I have told you twice to have your medical stuff totally documented.

You also have to remember that EVERYONE has a good excuse for not being a juror or witness.

Thus...you want to be able to PROVE that you cannot do this.

 

[yellorowz]

Contact the court and ask for the ADA coordinator, all courts must make reasonable accommodations for any person with business requireing access to the courts, they can arrange for your testimony in another form etc as an accommodation. Does the persson issuing the summons know of your disability?

What is the ADA coordinator?

 

[yellorowz]

"So, in your opinion, would such a severe anxiety problem constitute "undue burden" that would be 'grounds' to quash the subpoena?"

I do not know because I have not read your medical reports; that's why I have told you twice to have your medical stuff totally documented.

You also have to remember that EVERYONE has a good excuse for not being a juror or witness.

Thus...you want to be able to PROVE that you cannot do this.

Thank you for your advice, seniorjudge. You have helped me a lot!

 

[seniorjudge]

What is the ADA coordinator?

ADA is the disability act.

Call the courthouse where you were supposed to go and ask who runs the ADA program.

Good luck!

 

[yellorowz]

OK, I did know of American's With Disabilities Act - I just didn't make the connection, or know that the court has a representative from the organization! Thank you!

 

[rmet4nzkx]

Most people don't know, even some of the courts, lol, but ask for the ADA coordinator and explain your problem, they should be able to help you even if you are in trouble, because you were not given notice.

 

[seniorjudge]

Most people don't know, even some of the courts, lol, but ask for the ADA coordinator and explain your problem, they should be able to help you even if you are in trouble, because you were not given notice.

No kidding....

Every year, an enterprising journalism student at Mizzou goes to some unsuspecting sheriff and axes for a list of the people he has in jail that day and writes a story about the sheriff's reaction.

The list, of course, is covered by the sunshine law but most bureaucrats have never heard of the sunshine law, much less observe it.

 

[yellorowz]

Most people don't know, even some of the courts, lol, but ask for the ADA coordinator and explain your problem, they should be able to help you even if you are in trouble, because you were not given notice.

Well, I just called the court, and they have no such person. I think my next step will be to contact the ADA, and see what they might have to say. Thanks again!

 

[seniorjudge]

I realize that Maine is extremely rural but that may also work to your benefit.

Can you can the sheriff or chief law enforcement agent in your town or county?

Explain the problem and mention ADA.

They have to give you some consideration.

The nicer you are, the more they will do for you.

If you try to solve this BEFORE you start getting nasty notices from the judge, it will look much better for you.

Keep complete notes with names, dates, and telephone numbers. Be able to back up everything you say.

Let me repeat myself: the kinder you are, the further you will go.

(Bureaucrats are deaf to begin with; your niceness helps open their ears.)