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.
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.