I am being called as a witness on a date that I will be in another state on business. Do I need to appear anyway? What happens if I tell the court that I won't show-up due to the travel conflict.
2006-09-28 19:27:23 · 13 answers · asked by steven 3 in Politics & Government ➔ Law & Ethics
Have you been supeonaed? If not and you can avoid being served, you will suffer no consequences if you do not appear. What kind of case is it? If a criminal trial, you are served, and don't show, very definitely the court will hold you in contempt of court and order your arrest. On the other hand, how important is you testimony to the case? If not very, you may be able to discuss the matter with whomever asked the supoena to be issued. Most attorneys do not want hostile witnesses who would rather be elsewhere if the testimony to be given isn't important. If you are served, and cannot arrange with the attorney responsible either to forego your testimony, or to call you another day, you must be availble on the day set forth in the supoena. As a witness, not a party to the action, you have no right to ask for a delay or any favor from the trial judge. You can ask, but don't expect anything. Business related excuses are not acceptable reasons to not show up.
As to being resummoned at a later date if the summons is not served, that would happen only if the case was still either open or reset. If a determination in the case has been made, and you did not receive the summons or subpoena as they are usually called in criminal cases, you will not be called or suffer any penalty.
2006-09-28 19:51:54 · answer #1 · answered by jerry f 2 · 0⤊ 0⤋
Did you recieve a Subpoena? If so, you had BETTER show up or they can get you for contempt of court. "Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority." So it depends on the type of case and if there is a subpoena involved. In any case, you should call the court or the attorney to let them know, or to explain your situation....
2006-09-28 19:39:01 · answer #2 · answered by yiqqahah 4 · 0⤊ 0⤋
If it's a multi-day trial you may be able to reschedule your date as witness.
If you cannot and if you are deemed essential to the case, you are setting yourself up for serious reprisals if you do not appear. Contempt of court comes to mind. If the trial is delayed, there could be costs imposed although I don't know how often that happens.
2006-09-28 19:39:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Just call Witness Management (or whatever it's called in your state) or the state attorney prosecuting the case, that info should all be on the subpoena you received. Tell them you'll be out of town that day for business. If you're that important to the case they can get it continued.
2006-09-28 19:37:48 · answer #4 · answered by tikitiki 7 · 0⤊ 0⤋
a) If you are summoned to appear as a witness in the court, and the summons remained unserved; you will be resummoned by the court for the next date.
b) If you are summoned to appear as a witness in the court and you are duly served, move an application for personal exemption citing the reasons for that through attorney and request for the next date.
2006-09-29 01:51:17 · answer #5 · answered by Seagull 6 · 0⤊ 0⤋
You could ask if you can be scheduled on another day if the trial will be over several days. -- at least you can in Australia, you need to find out what local laws are and asking one of the lawyers on the team who want you as a witness is probably the way to go.
2006-09-28 19:35:01 · answer #6 · answered by Tish-a-licious 3 · 0⤊ 0⤋
If you were served with a summons to apprear you have to be there. Only thing you can do is call the Prosecuting Attorney and tell him you are suppose to be out of town on business and see if he can do without you, or the attorney for the defendant.
2006-09-28 19:36:35 · answer #7 · answered by Jan G 6 · 0⤊ 0⤋
You can ask to be rescheduled if it will be a long trial but if it is not a long trial then if you don't show up when the court orders you to show up then you will be held in contempt of court and receive a fine. contempt is just disregarding the court's orders.
2006-09-28 19:34:50 · answer #8 · answered by j918101080 2 · 0⤊ 0⤋
which is more important, you're business or justice?
most likely they will ask you to reschedule your traveling. if you've been called as a witness and dont show up, they can fine you for contempt of court.
2006-09-28 19:32:03 · answer #9 · answered by .jess 3 · 2⤊ 1⤋
in case you have been summoned or subpoenaed to a distinctive courtroom on that comparable date, you may desire to fax a replica of it to that prosecutor with a letter explaining. in case you have not been served via yet another courtroom, you may desire to be at this one. desire you get it labored out, the two way. :)
2016-10-18 04:28:08 · answer #10 · answered by jaisigh 4 · 0⤊ 0⤋