2007-03-25 18:19:52 · 22 answers · asked by Sabin 1 in Politics & Government ➔ Law Enforcement & Police
You dint fight a subpoena, it is a court order to appear. You must appear or face contempt charges. Even though you must appear, if you are subpoenaed immediately contact legal counsel. They may be able to tell you on the extent you should cooperate.
2007-03-25 18:26:37 · answer #1 · answered by godsmackedmetwice 2 · 0⤊ 0⤋
How To Fight A Subpoena
2017-01-12 19:35:45 · answer #2 · answered by ? 4 · 0⤊ 0⤋
A subpoena is a judges order to appear in court. On the subpoena itself there should be a number for either the defense attorney, or the prosecutor ( it depends on which side your being called in to testify for) with the something along the lines of "please call this number with any questions. Call that number and advise them of the reason you cant be there. If he doesnt call you up to the stand, then there is no issue, but if you are called up to the stand, you'd better be there or they can issue a bench warrant. 80% of the time, if you tell them that you cant make it, and have a good enough reason, they will excuse you. If its a city or state trial, it shouldnt be that big of a deal, if its a federal trial, sorry to say, you're screwed.
2007-03-25 18:33:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Why would you want to?
A subpoena is a lawful order of the court - translated, it means "under penalty", get it?
If you have been properly served, there are scant few reasons that would be excuseable for your failure to appear - hospitalization, incarceration, death, to name a few.
If you just don't show up without communicating with the court, you can expect a warrant to be issued for your arrest. Oh yeah, it will be a no-bail warrant, because the judge will want to see you standing before the bench to hear your story.
2007-03-25 18:29:42 · answer #4 · answered by gw_bushisamoron 4 · 0⤊ 0⤋
If you have been ordered by the court to appear , you have to comply .or risk being held in contempt...You can try to fight it , but I am sure you could not get a hearing on your fight before you have to appear on the subpoena..most lawyers will tell you to just appear as ordered . You can try but most likely will get denied when you lawyer files the request for a hearing .
2007-03-25 18:27:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Fighting a subpoena is impossible. That is an order to appear in court. If you fail to appear a warrant will be issued for your arrest and do you really want to be arrested for such a stupid thing?
2007-03-25 18:25:44 · answer #6 · answered by br0hamus 2 · 0⤊ 0⤋
You can delay it with your lawyer questioning it but you will have to appear. A subpoena is a legally binding command to appear. Not appearing is contempt of court. Do nothing without talking to your lawyer.
2007-03-25 18:25:33 · answer #7 · answered by iwasnotanazipolka 7 · 0⤊ 0⤋
I don't think you can. However, if you are going to be out of town at the time, you might get by with having a videotaped deposition. Contact the attorney who issued the subpoena.
2007-03-25 18:24:03 · answer #8 · answered by johN p. aka-Hey you. 7 · 0⤊ 0⤋
You must appear in court if you were issued a subpoena. HOWEVER, If you did not sign for it or it wasnt delivered to you by a law enforcement officer (i.e. they just mailed it to your address in the normal US mail) you do not have to go!
2007-03-26 07:54:09 · answer #9 · answered by Nathan 4 · 0⤊ 0⤋
u can't fight a subpoena, u got to go too court or pay a fine.
2007-03-25 18:31:45 · answer #10 · answered by Anonymous · 0⤊ 0⤋