Legal Question in Legal Ethics in Pennsylvania

Subpoena

I have been served a subpoena to appear at trial where I hate both sides. My date falls at the same time as a long-planned and paid for vacation to Europe. The trial will begin before I have to leave and will still be on when I return, yet, these vindictive people have knowingly scheduled my appearance during my trip. Do I have to appear? Do I have any recourse?


Asked on 10/15/08, 11:30 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Subpoena

Have you called the attorney who issued the subpoena and explained your pre-paid vacation schedule? And simply asked if you could testify before or after those dates?

Generally, lawyers and courts are very understanding of pre-paid vacations.

Your feelings about the parties have no bearing on your obligation. You do have to appear unless the attorney or court excuses you.

You have recourse, you can file a motion with the court to quash the subpoena.

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Answered on 10/15/08, 11:38 am


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