My divorce case. A friend who originally agreed to testify in court is now having second thoughts. Supeona has not yet been served. Friend wants to not appear personally but would agree to make written statement. If he is served , can he opt to submit a written statement in lieu of personal appearance in court? What is the law?
2007-05-09 16:19:47 · 5 answers · asked by Kristi 1 in Politics & Government ➔ Law & Ethics
If a person is served a subpoena, the order must be responded to and it is mandatory for him to appear before the court. Otherwise, he will be declared in contempt of court under the Rules of Court.
2007-05-10 16:54:31 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
In most states, failure to obey a subpoena is punishable by contempt of court. That can result in fines or even jail for the witness if they refuse to obey a lawful subpoena. In most cases, they can also be forced to pay the legal fees of the person who seeks to compel them to attend incurred to force compliance.
2007-05-09 16:57:14 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
They require one of two things.
1. A person to produce documents
2. For a person to a appear.
They want a person to appear, they have to appear.
2007-05-09 16:54:00 · answer #3 · answered by Kenneth C 6 · 0⤊ 0⤋
Subpeonas are court orders, he doesn't have a choice. He can have a deposition taken, but that would still require a subpeona.
2007-05-09 16:50:27 · answer #4 · answered by Damien T 3 · 0⤊ 0⤋
It depends upon what the subpoena says...if it requires him to appear, he must appear.
2007-05-09 17:13:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋