Legal Question in Civil Litigation in California

Subpoenas

Do you have to show up in court if the subpoena was delivered to you (in person or by mail) on the same day as the trial? What if I were to be ''out of town'' and not receive the subpoena at all or on the actual court date, and completely miss the court appearance? Could I go to jail for this?


Asked on 8/09/06, 9:21 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Subpoenas

If a third party is not served with a subpoena, he or she cannot be compelled to testify unless the person already is in court.

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Answered on 8/10/06, 11:45 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Subpoenas

Service of a subpoena by mail is not proper. However most people do not know this and comply anyway. If you were personally served with a subpoena, I would not ignore the subpoena. I would suggest consulting with a lawyer or even retaining a lawyer to represent you with regards to potential testimony you may have to give. I have seen Judges issue bench warrants to persons who were lawfully served with subpoena's and failed to comply with the subpeona.

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Answered on 8/11/06, 7:28 am


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