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I have an ongoing criminal case. Unrelated I have a civil case. If I must serve time, will I be able to testify at civil trial?

North Carolina |

If I must serve time for a criminal case that is currently ongoing, will I be able to go to my civil case trial (I am plaintiff in a fairly large civil case). I hate to have a lawyer file suite and me lose because I can not go due to serving criminal time.

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Attorney answers 3


I am not a NC lawyer but you will have a statute of limitations wherein the civil lawsuit must be filed. Will u be out of jail by the end of that period? Good question. It depends on what kind of criminal case you are incarcerated for? Is it a felony? I would think that ur NC Plaintiff attorney would work on a contingent fee basis and he could research what it takes to get you out of jail if you have to be there. Ask if NC law will allow you to file the suit "in absentia" which means when you are not present. Good luck with your time and your Plaintiff civil action! (not a NC licensed attorney)


You've asked this question twice. I answered once but had a further idea. Regardless of whether you can get a brief furlough from prison to testify you can have your deposition taklen in prison on videotape. It could be used at trial if you are not available.


As usual, second submissions of the same question will result in a re-think of the situation. Obviously the concerns voiced by all of the answers still resolve around the logistics of you being in one State and needing to be in another. I suggest you discuss this with a experienced plaintiff lawyer admitted to practice law in the State your civil action will be in to see what he thinks is your best option. Good luck.

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