Received Subpoena, Do I Have To Show

[Vycor]

I'm in NY State. Long Island.

I'm a freelance photographer and took photos of a fatal car accident. I sold the photos to a local news outfit and posted others on my own website. About a year or so after the incident a lawyer bought some of the photos from me (quite common around here). Then he had me sign something stating when/where I took the photos.

Anyway today (about 2 years later) I received a Judicial Subpoena with a check for $15 from the lawyer I sold the photos to. Apparantly in 2 weeks at 9:30am im being "commanded" to showup to the supreme court of the county. Im not really sure what its all bout, im assuming the lawyer just wants more witnesses on his half.

But being a photo journalist im not sure if im required to go. I cant imagine every news reporter gets subpoenas to go to court right? Where do I stand here. Can they force me to go and make me lose pay at my job? Its at 9:30 on a Monday, 2 weeks from today. I emailed the lawyer asking him what its all about but figured id post here hoping someone can maybe figure it out for me and let me know what im obligated to do. I dont remember anything about the incident nor did I even witness it. I just took photos after it was over of the crime scene. But im sure the police department have their own set of photos over he could go for? Anyway let me know if anybody knows about any of this and where I stand here as the photojournalist.

It says

"WE COMmAND YOU, That all business and excuses being laid aside, yo uand each of you appear and attend before Hon. JUDGE NAME HERE Supreme Court, XXXXX, Trial Assignment Part, ADDRESS HERE on the 20th day of June, 2011 at 9:30 o'clock in the fore noon, and at any recessed or adjourned date to give testimony in this action on the part of the plaintiff.

Failure is punishable, yada yada yada

WITNESS, Honrable JUDGE NAME HERE one of the Judges of said Court at ADDRESS HERE at the 24th day of May, 2011.

THen its got the lawyers signature... so im confused, what this about the 24th of May? Which is a month ago and now something about the 20th of June?? I dont understand the legal verbage at all.

 

[Ohiogal]

I'm in NY State. Long Island.

I'm a freelance photographer and took photos of a fatal car accident. I sold the photos to a local news outfit and posted others on my own website. About a year or so after the incident a lawyer bought some of the photos from me (quite common around here). Then he had me sign something stating when/where I took the photos.

Anyway today (about 2 years later) I received a Judicial Subpoena with a check for $15 from the lawyer I sold the photos to. Apparantly in 2 weeks at 9:30am im being "commanded" to showup to the supreme court of the county. Im not really sure what its all bout, im assuming the lawyer just wants more witnesses on his half.

But being a photo journalist im not sure if im required to go. I cant imagine every news reporter gets subpoenas to go to court right? Where do I stand here. Can they force me to go and make me lose pay at my job? Its at 9:30 on a Monday, 2 weeks from today. I emailed the lawyer asking him what its all about but figured id post here hoping someone can maybe figure it out for me and let me know what im obligated to do. I dont remember anything about the incident nor did I even witness it. I just took photos after it was over of the crime scene. But im sure the police department have their own set of photos over he could go for? Anyway let me know if anybody knows about any of this and where I stand here as the photojournalist.

It says

"WE COMmAND YOU, That all business and excuses being laid aside, yo uand each of you appear and attend before Hon. JUDGE NAME HERE Supreme Court, XXXXX, Trial Assignment Part, ADDRESS HERE on the 20th day of June, 2011 at 9:30 o'clock in the fore noon, and at any recessed or adjourned date to give testimony in this action on the part of the plaintiff.

Failure is punishable, yada yada yada

WITNESS, Honrable JUDGE NAME HERE one of the Judges of said Court at ADDRESS HERE at the 24th day of May, 2011.

THen its got the lawyers signature... so im confused, what this about the 24th of May? Which is a month ago and now something about the 20th of June?? I dont understand the legal verbage at all.

The judge signed it on the 24th of May. That was NOT a month ago. That was barely two weeks ago. You show up OR you have a warrant issued for your arrest. It is real simple. Got it? And you show up June 20, 2011 and continue showing up until you are released by the court.

 

[Vycor]

No need to be nasty, jeez.

 

[Vycor]

Lawyer emailed me back saying at this point I don't have to go but he'll let me know. Basically hes submitting my photos as evidence and in case the other attorney decides not to allow the photos into evidence, he wants me ready to testify that i did take these photos of the accident... thats all... easy enough i guess, i thought i'd have to testify about what happened, which im not sure of, but turns out i just hafta testify that i did take the photos

 

[cyjeff]

I would go to court.

This is not something that one of the lawyers can decide to let you slide on.

A failure to appear warrant is very sticky.

 

[justalayman]

Lawyer emailed me back saying at this point I don't have to go but he'll let me know.

the lawyer cannot excuse you from a subpoena. He can have the subpoena rescinded (if it was issued on his request) but until that happens, you need to show up as ordered.

So, make sure the subpoena is dropped or plan on being there.

and the question to the attorney would be: if I don't have to be there, why did you have a subpoena issued demanding my presence?

 

[Ohiogal]

No need to be nasty, jeez.

Nasty? That was NOT nasty at all.

 

[You Are Guilty]

Did I miss something?

...THen its got the lawyers signature...

The lawyer's explanation is common. At trial, if the opposing party won't stipulate as to the authenticity of the photos, and the parties cannot do so, the photographer is called and asked about 5 minutes of questions (did you take these pictures? when did you take them? etc). Problem is, if the two sides are being dicks to each other, this issue won't get resolved until the last minute.

In any event, while you ignore any NY subpoena at your own peril, one signed only by a lawyer generally carries little to no sanctions if you fail to comply. One actually signed by a judge or judicial officer on the other hand, can and does result in having armed men show up on your doorstep to escort you to the courthouse. Judges do not take kindly to being ignored.

 

[Rexlan]

I agree with YAG ... however, if you have a valid email advising you that you do not need to show up then I do not think you can get into trouble if the subpoena originated from the same attorney.

You are not a "photo journalist" ... LOL. You are a freelance photographer selling pictures .... HUGE difference so take hat off instantly.