I CANNOT make it to court as a witness, what now?

[BcnNC]

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

Over the summer while on vacation, I overheard an altercation between neighboring campers. (And to clarify, these are people whom I have never even met.) When the police arrived, they asked me and a friend who was also outside if we knew what happened. I gave a written statement testifying to what I overheard. About two and a half months later I was subpoenaed to appear in court as a witness. The county where the courthouse is located is almost 100 miles from where I live, but I went to court on the date specified. Neither party in the matter were in court that day and the case was continued.
This morning, I received, another subpoena, by mail, to appear as a witness in the same case, in TWO DAYS. I absolutely cannot drive the 100 miles to court again. I am unemployed and literally cannot afford the gas to drive there, not to mention the fact that I have an interview set for that afternoon.
From my understanding, I can appeal the subpoena in writing within 10 days of receipt, but I got it today. The date on the subpoena is Nov. 8, which is still not within 10 days. (I guess the mail was delayed by the Veteran's Day holiday?) What is the proper course of action here? I have left a voice mail for the ADA whose name and number are listed on the subpoena. I do not want to neglect my civic duty, but does this qualify as undue burden? I did show up the first time after all, when neither of the other two did.

 

[xylene]

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

Over the summer while on vacation, I overheard an altercation between neighboring campers. (And to clarify, these are people whom I have never even met.) When the police arrived, they asked me and a friend who was also outside if we knew what happened. I gave a written statement testifying to what I overheard. About two and a half months later I was subpoenaed to appear in court as a witness. The county where the courthouse is located is almost 100 miles from where I live, but I went to court on the date specified. Neither party in the matter were in court that day and the case was continued.
This morning, I received, another subpoena, by mail, to appear as a witness in the same case, in TWO DAYS. I absolutely cannot drive the 100 miles to court again. I am unemployed and literally cannot afford the gas to drive there, not to mention the fact that I have an interview set for that afternoon.
From my understanding, I can appeal the subpoena in writing within 10 days of receipt, but I got it today. The date on the subpoena is Nov. 8, which is still not within 10 days. (I guess the mail was delayed by the Veteran's Day holiday?) What is the proper course of action here? I have left a voice mail for the ADA whose name and number are listed on the subpoena. I do not want to neglect my civic duty, but does this qualify as undue burden? I did show up the first time after all, when neither of the other two did.

Ask the police for a ride.

 

[tranquility]

I believe the subpoena itself lists how to object (written specific objections to the issuer) and how to move to quash.

You must do so within 10 days or before the time you are called, if earlier.

 

[BcnNC]

The court date is in two days. If this is not enough time to appeal the subpoena in writing, what other option is there? As mentioned previously I have left a voice mail for the Assistant District Attorney. I will call again in the morning in hopes of reaching here before she goes to court.
What are the repercussions of not going? There is no way I will be able to go, police car ride or no.

 

[justalayman]

I would call the ADA back intermittently throughout the day. If you cannot contact them, call the DA's office. If no contact, try the court clerks office.

 

[tranquility]

If you do not object or move to quash to a properly-served subpoena, you could be held in contempt of court and you can forget about your job you are interviewing for.

Calling is a good step, but does not protect you. You need to write. Perhaps you can fax them the objection(s).

 

[justalayman]

If you do not object or move to quash to a properly-served subpoena, you could be held in contempt of court and you can forget about your job you are interviewing for.

Calling is a good step, but does not protect you. You need to write. Perhaps you can fax them the objection(s).

dang. I had written in my post to first, send off the objection using some means with proof of mailing and proof of receipt. I guess in editing, I took it out.

so, yes, write and send your objection. If you can get a FAX #, fax it as well. Then get on the phone and call.