Is a subpoena legal is someone just gives it to you the day before court. I friend did this to me today because they need a witness and I was unsure if I would be able to go or not so they got their attorney to subpoena me then they gave it to me today at work.
Is this legal! do I have to go ... I told her I was not sure if I could go and why did you do this she tells me I wasn't sure if you would go or not. Can I sue in small claims court for my time I missed at work and etc ....
Thanks.
2007-11-28 15:16:40 · 4 answers · asked by grande alacrán 5 in Politics & Government ➔ Law & Ethics
Whether her handing you the subpoena is sufficient to satisfy the rules of service in your State depends on where you are.
The day before court is not enough notice in many jurisdictions, but it may be in yours. Also, personal service by an interested party may or may not be legal where you are.
BUT..... If you've been served, and DON'T show up, the court may issue a writ of capias and send the bailiff to come get you. You could possibly fight against any possible contempt charge, but why put yourself through it?
If you're subpoenaed I'm afraid there's no liability for anyone to pay you for missed time at work or anything like that.
Richard
2007-11-28 15:26:41 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
PLEASE regardless of what anyone else says, remember this: laws about this vary by jurisdiction, so anyone who doesn't know where you're from and gives a definite answer is possibly wrong. What you need to do is call the clerk of courts first thing in the morning (the number should be on the subpoena) and ask them; they're not allowed to lie and say you have to be there if you don't. PLEASE (sorry, but this is important) don't listen to anyone who tells you anything definite without knowing where you're from.
One thing I can tell you is that it's almost certain that you cannot sue for time missed at work; I've never heard of that being allowed anywhere (in the US at least)
2007-11-28 23:35:08 · answer #2 · answered by enjyin 1 · 2⤊ 0⤋
If you were given a subpoena you had better show up. Your not dealing with a cop, your dealing with a judge who can, and will, put you in jail. The only question is how long will he put you in jail.
2007-11-28 23:31:35 · answer #3 · answered by Hirise bill 5 · 0⤊ 0⤋
yes it is legal for someone to give it to you the day before. Suing, is an option I dont think you have, but it also depends on what state you live in
2007-11-29 09:06:52 · answer #4 · answered by elle 4 · 0⤊ 0⤋