Responding to a Subpoena

[mark1210]

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

Hello,

I've been served twice and attended court both times only to learn that the trial has been bumped. I was served again onsite with another subpoena with the new date. I'm unable to attend the new date due to committments at work. How does one respond to a subpoena indicating that they cannot attend? Does anyone have any verbiage or site that I can be pointed to?

I would assume I need to respond to the District Clerk and the Attorney who served me but not sure how.

Thanks

 

[Texas Pooh]

You can not fail to show up in response to a subpoena. A judge recently explained it this way ...

If you don't show up, I will offer you a ride ... in a car with very nice red and blue flashing lights.

The best way to deal with these issues is to call the court the day before you are due and ask to speak to the clerk. Ask the clerk if the case is going to be heard on the date in the subpoena; the clerk will advise you if there have been any continuances or other changes in the status of the case. That will save you the trip if its not needed.

If the case is going forward, and you really can't make it, ask the clerk for advice. Typically, all witnesses are subpoenaed for the first day of the likely trial, but won't actually be called until needed; often, you can arrange only to come in on the day you are actually needed.

Another option is to talk to the attorney who issued the subpoena, and see if he can let you know the precise day you are needed. Depending on the lawyer, this may get you the information you need.