Okay, so a person at work has gone rogue. He opened up a business, and stole my bosses accounts. Now my boss is sueing him of course, and the ex-employee is counter sueing. I heard he wants to subpoena me. I have nothing to do with what is going on, I just work for my boss and do my job. How can I get out of this subpoena, and would a doctor's note help any?
Thank you!
2006-12-04 14:12:56 · 9 answers · asked by rayna7nz 2 in Politics & Government ➔ Law & Ethics
I think you're screwed, buddy. If you are subpoenoed to testify in court you have to or you will be held in contempt of court and a warrent for your arrest will be issued. The county sheriff will arrest you and bring you into court where you will have to explain to the judge why you disobeyed the subpoena and you will likely have to pay a hefty fine and possibly go to jail.
Of course if you do have a "legitimate" medical emergency, that is a fair reason for disobeying the subpoena but you still will have a warrent for your arrest issued and go through all the other unpleasantries.
The only way out of this one is if you qualify for the marital privilege or if you had some type of legally protected confidential relationship such as doctor-patient or lawyer-client.
I suggest you just obey the subpoena and tell the truth.
2006-12-04 14:19:43 · answer #1 · answered by orzoff 4 · 3⤊ 1⤋
DO NOT take the advise about ignoring a subpoena. You need to hire an attorney or seek legal aid for this matter, especially if you feel that you are not a party to the case at all, and they have no right to subpoena you - this isn't saying that you're right, however, because there very well may be a valid reason to the request.
Never, ever deny receipt of a subpoena if you have really received it. We have ways to prove we attempted delivery, and if we can show this to the judge, then you can be held in contempt, or worse.
And no, this isn't jury duty, a doctor's note would not help.
What type of subpoena is this? Ad testificum? If so, this is most common, and it means you need to appear to be deposed, which really isn't all that bad, and should only take a few hours.
2006-12-04 15:42:26 · answer #2 · answered by Rissie 2 · 2⤊ 0⤋
A subpoena is an order from the court. This appears to be a civil suit. You can be held in contempt of court and go to jail if you refuse to testify.
The only real basis for a refusal is because your testimony would tend to incriminate you (get you in trouble). In cases like that the judge can give you use immunity (immunity against any charges based on what you said), however, there are always other ways to get you.
For example, say you were in conspiracy with this other person to steal money and was ordered to testify. You would not be charged in the state court, but you could have civil (IRS) problems for failure to report additional income (the stolen money).
Best thing is to go in and tell the truth.
Note if your boss subpoenaed you, tell him/her why you do not want to testify.
If the other person subpoenaed you, your boss is probably wondering why he/she did that.
Either way, you could be in hot water with your boss if you don't testify.
2006-12-04 14:24:14 · answer #3 · answered by Anonymous · 3⤊ 0⤋
A subpoena is a court order to testify so you cannot get out of it unless the court allows it. On most subpoena's there will be instructions on what you need to do and who you need to contact to dispute it. Your chances are low, just because you tell a judge you had nothing to do with the case likely wont get you out of it because you may only be being subpoenaed on something ancillary to the issue of the case. I wouldn't bother hiring an attorney or going to court to contest this, just go to the deposition and tell them what you know and if you really aren't involved they will send you on your way in about 1/2 hour or so.
2006-12-04 14:24:11 · answer #4 · answered by Daz2020 4 · 2⤊ 0⤋
there is fact and there is practicality. Failure to testify below subpoena is grounds so you may well be held in contempt of courtroom. this would comprise fines or consistent with-day penal complex time. making a pretend fact below oath is perjury, a criminal in maximum states. very nearly, it particularly is fairly perplexing for the prosecutor to bypass forward if no person cooperates, yet then he would attempt to have the choose situation a contempt order or cost you with obstruction. There is additionally a spousal privilege situation (even with the undeniable fact that i do no longer understand how that privilege applies to single human beings or single cohabitants). in case you particularly do no longer p.c. to testify, then this is particularly worth it to speak to an criminal professional; she would a minimum of have the clout them to launch you from the subpoena while the prosecutor is confident this is futile.
2016-10-14 00:54:24 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If you are subpoened you have no choice in the matter. A doctor's note will not excuse you. At best, they'd simply postpone the hearing until you were "better". Your best bet is to retain councel of your own in this matter and further discuss your options. Failure to appear could result in a contempt of court charge, or, even worse, in some states, a criminal charge.
2006-12-04 14:23:49 · answer #6 · answered by Mark dw 1 · 2⤊ 0⤋
you cant just tell the truth and from your typing your boss will win the case hnds down . my opion?
2006-12-04 15:19:31 · answer #7 · answered by the_silverfoxx 7 · 1⤊ 0⤋
just ignore it. if they whine about it, tell them you never got it, or forgot, or your dog ate it. you got a flat tire. you have alzheimers, or dont know how to read, etc. if you really have nothing to do with what is going on, they wont really care if you dont show up.
2006-12-04 14:25:16 · answer #8 · answered by Anonymous · 0⤊ 2⤋
if such is so then dont worry.. they'll realize u just do uer job and uer not involved.
2006-12-04 14:24:56 · answer #9 · answered by blueducky 3 · 0⤊ 2⤋