Quick details, the company I work for is threatening a lawsuit against a client that I worked on and with who I have a great rapport and possible future career opportunities. The bad thing is that I think my company is in the wrong and would be setting myself up here. I am REALLY uncomfotable with having to testify and I am pretty darn sure I will be called. If I do, do I have to testify? Thanks!
2007-09-25 11:21:49 · 6 answers · asked by Hullabaloo 3 in Politics & Government ➔ Law & Ethics
You have to show up, that is what a subpoena is for. If you don't you risk "contempt of court" charges which could put you in jail. The risk is if you tell the "whole" truth you could probably get fired so be sure you are ready for the change of jobs. If you feel your company is in the wrong, tell them. Again, you will probably loose the job. The alternative is to tell the client you feel the company is in the wrong. Then they could ask you questions to show the company is wrong. Even then the new company would probably not hire you to avoid looking like they paid you for your testimony. Looks bad for you no matter how you slice it up. Good luck.
2007-09-25 11:29:32 · answer #1 · answered by r0cky74 4 · 2⤊ 0⤋
The sanctions for refusal to obey a properly issued (and served) subpoena, except on proper grounds, can vary by state. The word "subpoena" is latin for "under penalty". Unless you are asked a question, the answer to which you believe might subject you to potential criminal responsibility, then you will have no choice but to answer truthfully or face the possibility of confinement (or other sanction) for civil contempt. These facts and duties are well-known to the client that you used to work with and their lawyer(s). There's little they can do, in a practical sense, to stop a subpoena from being issued if your company has proper legal grounds to request the issuance of the subpoena. You may also be deposed prior to an actual trial taking place. Keep in mind that most civil actions are settled out of court so you may escape the service of a subpoena. Even if served and/or deposed, it may still be settled before an actual trial takes place, or even at some time during the trial.
2007-09-25 18:36:54 · answer #2 · answered by Don C 3 · 0⤊ 0⤋
If you don't go to court when served with a subpoena, you can be charged with contempt of court. You can also lose your job.
If you do go to court and testify about what you remember, you don't get in trouble with your boss or the court. Of course it is difficult to remember a lot of details. If you really can't recall the details, just say so on the stand and get it over with.
2007-09-25 18:33:38 · answer #3 · answered by raichasays 7 · 0⤊ 0⤋
You can refuse and of course you may be held in contempt of the court but you can submit a statement saying why (citing your reasons why, if you give a good enough argument and have a decent judge they'll let you off). You could also testify and it sounds as if what you are saying that your testimony may work in your favor.
2007-09-25 18:30:21 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If there is a subpeona, you absolutely have to testify or be found in contempt.
2007-09-25 18:26:40 · answer #5 · answered by Allison P 4 · 2⤊ 0⤋
No -- you can refuse to obey the subpoena (which is a court order) and face charges of contempt of court.
You are never required to obey any law, or to abide any court order -- you just face the penalties for failing to do so.
2007-09-25 18:25:40 · answer #6 · answered by coragryph 7 · 1⤊ 3⤋