Son is out of the country and he received a subpoena

[roshan3]

What is the name of your state (only U.S. law)? Florida


Long ago, my son gave a notarized affidavit in my civil case. Now, the court sent a subpoena to my son to appear for evidentiary hearing. However, he is now out of the country (he has left US a few weeks ago) and will not be back for another two months and there is no way he can attend the court as directed in the subpoena. I informed this matter to the certified processor server who delivered the court order at my house and he noted down this in writing in his file. The certified processor server stated that whatever he wrote will go to the judge and it will be fine if my son does not show up, but I am not sure what he said is correct. Do I need to inform this matter in writing to the opposing council or to the court now? What is the proper way to handle this matter without getting further legal trouble to my son and to me?

The court order stated as follows:
You are commanded to appear before the Judge Mr. XYZ on PQR date and time. If you fail to appear you may be in contempt of court. You are subpoenaed to appear by the following attorney [that attorney is opposing council’s attorney], and unless you are excused from this subpoena by this attorney or by this court, you shall respond to this subpoena as directed.

 

[Just Blue]

What is the name of your state (only U.S. law)? Florida


Long ago, my son gave a notarized affidavit in my civil case. Now, the court sent a subpoena to my son to appear for evidentiary hearing. However, he is now out of the country (he has left US a few weeks ago) and will not be back for another two months and there is no way he can attend the court as directed in the subpoena. I informed this matter to the certified processor server who delivered the court order at my house and he noted down this in writing in his file. The certified processor server stated that whatever he wrote will go to the judge and it will be fine if my son does not show up, but I am not sure what he said is correct. Do I need to inform this matter in writing to the opposing council or to the court now? What is the proper way to handle this matter without getting further legal trouble to my son and to me?

The court order stated as follows:
You are commanded to appear before the Judge Mr. XYZ on PQR date and time. If you fail to appear you may be in contempt of court. You are subpoenaed to appear by the following attorney [that attorney is opposing council’s attorney], and unless you are excused from this subpoena by this attorney or by this court, you shall respond to this subpoena as directed.

I suggest you let Jr. know what is going on. That way he (adult??) can hire an attorney to advise him.

 

[roshan3]

He is an adult.

 

[Just Blue]

He is an adult. He is in Africa and no way to hire an attorney in the US.

Sure he can.

 

[Just Blue]

He is an adult.

Is there a good reason you edited your ^ post?

 

[roshan3]

I am representing myself. My question is: if I submit my response to the opposing council about my son's absence then will it be enough OR do I need to submit this response to the court as well?

 

[TinkerBelleLuvr]

He needs to respond to the court. He may be able to appear telephonically.

 

[roshan3]

Thanks for the reply. The subpoena is signed by the opposing council (not the Judge). However, it was delivered by certified processor server. Please let me know if I can prepare the response (on behalf of my son) and submit to the court (and a copy to the opposing council)?

My son is not available over the phone as well because he went there due to health reasons.

 

[Just Blue]

Thanks for the reply. The subpoena is signed by the opposing council (not the Judge). However, it was delivered by certified processor server. Please let me know if I can prepare the response (on behalf of my son) and submit to the court (and a copy to the opposing council)?

My son is not available over the phone as well because he went there due to health reasons.

Are you an attorney?

And why would he go to Africa for "health reasons" ?

Most people come to the U.S. for health reasons...

 

[Zigner]

I haven't dealt with subpoenas...

I reported your post because you are advising the OP to commit a crime (unlawful practice of law)

 

[FlyingRon]

Thanks for the reply. The subpoena is signed by the opposing council (not the Judge). However, it was delivered by certified processor server. Please let me know if I can prepare the response (on behalf of my son) and submit to the court (and a copy to the opposing council)?

My son is not available over the phone as well because he went there due to health reasons.

That's how subpoenas are issued. He can respond by mail with his situation. Subpoenas aren't really enforceable in this situation, but things work out better if people at least inform the attorneys involved as to what is going on.

What YOU can do is research an attorney that can represent him and put your son in contact with him.

 

[quincy]

Thanks for the reply. The subpoena is signed by the opposing council (not the Judge). However, it was delivered by certified processor server. Please let me know if I can prepare the response (on behalf of my son) and submit to the court (and a copy to the opposing council)?

My son is not available over the phone as well because he went there due to health reasons.

Who set up the evidentiary hearing, roshan3?

Because the court is ordering the appearance of your son, he will be in contempt unless he appears as ordered or responds to the subpoena. HE needs to do this. YOU cannot do this for him. Africa has international attorneys and, depending on where your son has located himself in the country, he should be able to find an attorney to help him respond appropriately to the subpoena.

If this is YOUR civil case and your son's testimony plays a vital role as support for your case, you might want to encourage your son to appear in whatever way he can (telephonically, through mailed or faxed testimony). His testimony, otherwise, may be excluded from the case or it could be assigned limited value if admitted as evidence. The other party is not likely to care if your son appears or not if his appearance benefits you and not them.

 

[roshan3]

Thanks.

The case is between me and the plaintiff and my son is NOT a party in this case. The Plaintiff collected a deposition of my son. Later, my son gave a notarized affidavit, based on my request. I used that affidavit in the case.

It is my mistake: the subpoena is signed by the opposing council's attorney, not by the judge. The title of the letter he received is "Subpoena to appear for evidentiary hearing", and once again, it is signed by the opposing council's attorney but it is delivered by certified process server. The opposing council setup the evidentiary hearing. The notice arrived two days ago but my son left the country almost a month ago.

 

[Zigner]

Thanks.

The case is between me and the plaintiff and my son is NOT a party in this case. The Plaintiff collected a deposition of my son. Later, my son gave a notarized affidavit, based on my request. I used that affidavit in the case.

It is my mistake: the subpoena is signed by the opposing council's attorney, not by the judge. The title of the letter he received is "Subpoena to appear for evidentiary hearing", and once again, it is signed by the opposing council's attorney but it is delivered by certified process server. The opposing council setup the evidentiary hearing. The notice arrived two days ago but my son left the country almost a month ago.

It doesn't need to be signed by a judge as the attorney is acting as an officer of the court.

 

[I'mTheFather]

Did the testimony in the deposition differ from the testimony in the affidavit?