I was subpoenaed as a witness by the DA after interviewing with detectives about a case where the information was basically speculative. The detectives even told me that my story was vague but several months went by and I received a subpoena anyway. Because my testimony would be 'hearsay' would I be able to contact a judge at the courthouse to try and quash the subpoena? If so, can I go directly to the courthouse to arrange an appointment with a judge or do I need to hire a lawyer? Is it just protocol for anyone in question to be served a subpoena?
You will never achieve this yourself is the district attorney wants it. Of course, quash or eliminating a subpoena requires a judge's ruling and the request, or motion, in writing must be made to the criminal court and served on the DA and defendant's lawyer.
If this is something you want to do, and it will cost something for the lawyer, have a lawyer. The lawyer will first contact the DA and try to persuade the lawyer in charge to withdraw the subpoena. If that fails the lawyer may recommend going to court.
If you wish to quash the subpoena, then you will have to file a motion to quash, which requires moving papers, points and authorities and a proposed order. You can also call the DA and see if they will withdraw it. Chances are you are not likely to prevail.
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