Subpoena for Civil case

[jm1248]

What is the name of your state? North Carolina.

My girlfiend, my mother and myself have made travel arrangements to go to Texas for a week to stay with my brother. Non-refundable airline tickets have been purchased. A week later me and my girlfriend receive subpoenas to appear in court as character witnesses for the plantiff (against the defendant - child custody case) during the time we will be in Texas. Do I have to eat the cost of the tickets, does the plantiff pay me for them, or do you think I can give written testimony prior to the trial date?

 

[badapple40]

Where do you live? Where is this case at?

File a motion to quash subpoenas on the basis that it works a severe economic hardship -- explain the ticket situation to the judge. Ask that, if your testimony is critical, he allow you to testify prior to case via video deposition or that he continue the case for a couple weeks.

 

[jm1248]

I'm in North Carolina..
Thanks for the reply. Sounds like if the judge rules against my request than I will have to cover the costs??

 

[meganproser]

When is the hearing?

Why don't you call the attorney who issued the subpoena and explain the problem?

 

[jm1248]

That was my next step but I wanted to know what to expect and what is typical before I start trying to work a deal..If there is no way we can come to terms than am I obligated to eat the cost of the tickets or will that be decided by the judge?

 

[meganproser]

I assume by now you've spoken with the attorney and resolved the conflict, but just in case you haven't...

There is no way to know the answer to your question. It depends on too many factors that are specific to your situation.

It is up to YOU to bring the scheduling conflict to the attention of the attorney or the judge (if the attorney won’t cooperate) as soon as possible.

Typically, the attorney involved will figure out the best solution for everyone involved. The possible solutions depend upon how much time is left before the hearing.

 

[jm1248]

Thanks. I'll let you know how it turns out..