Supeona question

[frylover]

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

What happens if i receive a supeona to testify (no relation to or romantic involvment with either party) and I have reservations (made 2 1/2 months before trial date) for a vacation. Will I be forbidden to go? Is that a valid reason for the party's lawyer to request a continuance?

 

[single317dad]

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

What happens if i receive a supeona to testify (no relation to or romantic involvment with either party) and I have reservations (made 2 1/2 months before trial date) for a vacation. Will I be forbidden to go? Is that a valid reason for the party's lawyer to request a continuance?

1) We need to know your state to answer the question properly.
2) As a general rule, an order to appear before a court means exactly that, and you must appear unless the court grants you permission otherwise or someone gets the case continued.

 

[frylover]

Sorry...LA. I had it in my original post that got eaten.

 

[LdiJ]

Sorry...LA. I had it in my original post that got eaten.

You could also perhaps get the subpoena quashed (cancelled) if you really don't want to be involved or do not have anything serious to add to the proceedings. Me, I would tell the attorney who subpoena'd me that I had a non-cancellable vacation scheduled and unless they were willing to reimburse me the cost of the vacation, I wasn't going to be there unless they could get it continued.

Judges often will quash a subpoena if the witness would have to suffer any kind of financial hardship to be there, and the side subpeona'ing them wasn't willing to cover those costs.

 

[Ohiogal]

You could also perhaps get the subpoena quashed (cancelled) if you really don't want to be involved or do not have anything serious to add to the proceedings. Me, I would tell the attorney who subpoena'd me that I had a non-cancellable vacation scheduled and unless they were willing to reimburse me the cost of the vacation, I wasn't going to be there unless they could get it continued.

Judges often will quash a subpoena if the witness would have to suffer any kind of financial hardship to be there, and the side subpeona'ing them wasn't willing to cover those costs.

They don't have to reimburse you for your vacation and if you take an attitude you could find yourself held in contempt of court for not showing. Rather, call the attorney who subpoena'd you and explain the situation (that you are due out of town and have had these plans) and that this would cause a hardship for you. See what the attorney states. If that doesn't work, then move to have the subpoena quashed due to the fact that you would be out town however getting it quashed for that reason won't necessarily happen -- subpoenas are COURT ORDERS. Giving ultimatums that are NOT supported for law however won't get you anywhere but sanctioned by the court.
If you have any information that is worthwhile and relevant then you can expect that the subpoena will NOT be quashed if it was properly served upon you.

 

[tranquility]

Often, the magic words are, "undue hardship".

 

[frylover]

Thank you for the replies.