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

Palm Beach, FL |

If i am a state witness for defense

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Attorney answers 6


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 my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.


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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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.



Even if i left the state and the police subpoenaed me over the phone i thought they had to physically subpoena you?

James D Phillips Jr.

James D Phillips Jr.


They cannot issue a subpoena over the telephone. You must be served with it.


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.


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


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. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.

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