Will i get a warrant for not showing up to a deposition i have been subpoenaed for?

Asked over 1 year ago - Palm Beach, FL

If i am a state witness for defense

Attorney answers (6)

  1. William David Umansky

    Pro

    Contributor Level 19

    12

    Lawyers agree

    Answered . Possibly yes. The lawyer will likely file for a rule to show cause in front of the Judge who can order you arrested if there was not good reason you failed to show. Subpoenas are not a joke. Please take them very seriously.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Erik Joseph Lombillo

    Pro

    Contributor Level 11

    11

    Lawyers agree

    Answered . If you failed to show for a deposition, call the attorney who issued the subpoena. The attorney will be deciding whether to ask the judge for an order to show cause as to why you did not appear at the deposition. If you fail to show up to the show cause hearing, the judge may issue a warrant for your arrest at that point. There is usually a step in between, in other words.

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  3. James D Phillips Jr.

    Pro

    Contributor Level 9

    11

    Lawyers agree

    Answered . Yes, a warrant could be issued. The more likely outcome is the attorney who subpoenaed you, will file a motion to show cause. If the judge grants the motion to show cause, you will be sent a summons or notice to appear before that judge to explain why you should not be held in contempt for failing to abide by the subpoena.

  4. Robert David Malove

    Pro

    Contributor Level 11

    9

    Lawyers agree

    Answered . Maybe. Sometimes, a witness' failure to appear indicates a low interest level is in the case. Depending upon the case, when a civilian witness fails to appear, that tells me that the State has problems with proving their case, and I lay low and don't call it to anyone's attention. Then, I announce ready for trial. By the time the State puts 2 and 2 together, the case has been dropped or resolved in some other acceptable fashion. A judge could issue a warrant, called a writ of bodily attachment, but that is the exception, NOT the rule.

  5. Colleen M. Glenn

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . I agree with all of the attorneys answers. Yes you can definitely be arrested for missing a deposition

  6. Brian Lee Michael Balaguera

    Contributor Level 11

    5

    Lawyers agree

    Answered . Possibly. It depends on whether the attorney that ordered you to the depo did a rule to show cause.

    The information provided herein is provided as general legal information and does not constitute legal advice.... more

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