2007-02-12 18:14:43 · 7 answers · asked by doubleup512 1 in Politics & Government ➔ Law & Ethics
The only way is for the Case to be dismissed by the party that initiated the suit before the Court date. The only incentive that party has is if the party that is Subpoenaed and does not want to appear, for whatever reason, contacts the party the initiated the suit and they come to a mutual agreement (usually a lump sum payment of some sort) to settle the matter out of Court and the party that is being sued makes sure that the proper paperwork is filed by the party that brought the suite with the Court to Dismiss the Case.
If you fail to produce documents and/or yourself, if that is part of the Subpoena, you are in Contempt of Court and although they may not put out an all-points bulletin to bring you in, they issue what is called a "Bench Warrant" which means if they happen to find you for whatever reason, you are brought in and arrested at that time (in legal terms known as "remanded to custody".
It could be years down the line and you are stopped by the police, apply for a job that requests a background check by the police or any government agency, or depending on the diligence of the person trying to Subpoena you, even ask for new credit that would show up on a credit bureau report, you will likely find yourself "remanded to custody" and be in even more hot water than you think you are dealing with right now and by that time any records you may have in your defense my have already disipated.
2007-02-12 18:26:08 · answer #1 · answered by bottleblondemama 7 · 1⤊ 0⤋
You have to appear in most states, for most subpoenaes. Just go so you don't go to jail for contempt of court. You still have the right to remain silent.
2007-02-12 18:21:20 · answer #2 · answered by Captain 3 · 2⤊ 0⤋
A subpoena is a court order to appear! If you don't appear, you go to jail.
If you can find an attorney who can advise you otherwise, then take his advice.
2007-02-12 18:17:30 · answer #3 · answered by Anonymous · 2⤊ 1⤋
You don't. You have to appear in court at the appointed time or you are held in contempt of court and can be remanded to custody (jail).
2007-02-12 18:22:43 · answer #4 · answered by PD 2 · 2⤊ 0⤋
you don't. if you don't show up, they can put out a warrant for your arrest. along with being arrested they can charge you with disobeying a court order. you just don't screw with the law, man, they will find you one way or another.
2007-02-12 18:24:31 · answer #5 · answered by lexus 4 · 2⤊ 0⤋
You better honor it, or go ahead and turn yourself in and do the jail time.
2007-02-12 18:19:22 · answer #6 · answered by m c 5 · 2⤊ 1⤋
file in the court for a protective and/or restraining order, or TRO, and injunction, something like that
2007-02-12 18:17:41 · answer #7 · answered by Anonymous · 0⤊ 3⤋