Subpoena served on short notice - Must I comply?

[Prim8Pal]

In 1998 I was on a tour to Uganda and our group was joined by another family that used a different travel agency. The tour went badly wrong and the other family is suing their travel agency for the cost of the trip. In mid-1999 I sent in a declaration to the other family's lawyer stating my description of the events as they occurred on the trip.

I heard nothing back until Thursday night Feb 28 when a fellow showed up at my house and delivered a subpoena. This subpoena required that I testify in a court trial to be held on Monday March 3 in Pasadena Calif. I live in Northern Calif so I would have to fly down on Sunday in order to be at the trial on Monday morning. Even though my travel expenses will be reimbursed, it's a major inconvenience since I have to miss work at a time when I am covering two jobs due to one of my colleagues being out of the office.

The lawyer for this family says that if I don't attend I could be prosecuted for contempt of court and subject to a $500 fine. I had offered to testify at some other time on a more planned basis when it's not so disruptive to my life, but the lawyer says that the trial will be held and be over in one day and that it will definitely be held on March 3 since people are flying in from other parts of the country to testify.

Can anyone give me some advice on whether I MUST attend? The lawyer is saying that by state law I must comply.

Thanks.

 

[I AM ALWAYS LIABLE]

My response:

Unless you're looking to have a bench warrant issued, and to be arrested, then you shall appear on the appointed date and time.

Particular acts constituting contempt are enumerated by statute, including:

• "disobedience of any lawful . . . order or process of the court";
• "disobedience of a subpoena duly served";
• "refusing to . . . answer questions";
• "disorderly, contemptuous or insolent behavior toward the judge while holding court tending to interrupt the due course of . . . trial." [Ca Civ Pro § 1209(a); see also Ca Civ Pro § 1991 (disobedience of subpoena); and Ca Penal § 166 (misdemeanor)]

You have no choice in the matter unless you can prove that you're dead, incarcerated, in the hospital, or some other court acceptable excuse.

Subpeonas are nothing to play around with. It is a "command performance", and you shall appear whether you like it or not.

IAAL