I received a supboena to appear as a witness to a car accident. Do I have to appear if it is a hardship?

Asked 12 months ago - Orlando, FL

I am a full time college student and the hearing is two hours away. I will have to miss classes, and pay for tolls and gas to drive over 200 miles. I really don't remember any details either. The subpeona was sent certified mail and my mother signed for it, since it was mailed to my home address in a different city than where I am in school.

Attorney answers (3)

  1. Eugene P. Castagliuolo

    Contributor Level 16


    Lawyers agree

    Answered . Call the attorney who issued the subpoena, tell them your story, see if there's some way in which they could accommodate you.

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  2. Loren Weiss Pincus


    Contributor Level 11


    Lawyer agrees

    Answered . A subpoena is an order from the court that you appear at a particular place at a particular time. Simply ignoring it is not advised. I would contact the attorney who issued the subpoena and explain your hardship. There maybe some accomodations, such as a video depo or skype testimony that can be done to ease the hardship. Attorneys also like to know if they are calling a witness who is less than thrilled to be there, you should have a discussion with the attorney about whether they actually intend to call you to the witness stand. Good luck!

    This answer is for informational purposes only and does not invoke any attorney/client relationship or privilege.... more
  3. Manuel Alzamora Juarez

    Contributor Level 20


    Lawyer agrees

    Answered . You may have not been served personally. In most states, there are requirements that witnesses subpoenas must be served personally. You should contact the lawyer to make sure he knows you are of your circumstances and that you live beyond 200 miles from the court.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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