Legal Question in Criminal Law in Louisiana

Subpoena service to witness- If I dodge, will I be in contempt?!

In a Louisiana murder trial, the defense is attempting to subpoena an out-of-state witness (under the longarm statute?) for only verbal testimony (the witness is just a normal person who saw events leading up to the murder while on vacation in Louisiana). Assuming the defense is successful in getting the subpoena to be issued: If the subpoena is to be served personally, what if the witness is never home or never answers the door when they attempt to serve him? What if it is sent certified mail and doesn't get signed for? If the witness is successful in always avoiding the server whether by choice or by accident, how can he be required to appear?


Asked on 4/01/04, 4:48 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Subpoena service to witness- If I dodge, will I be in contempt?!

You answered your own question....if the witness dodges service, then it is obvious he cannot be compelled to testified....if that witness is critical to the case, I would send a private process server to serve him and pay his expenses and lost wages to return to testify......

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Answered on 4/02/04, 11:45 am


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