Posted: 8/30/2012 12:59:57 PM EDT
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Criminal (felony) case here:
Would it be common for a subpoena to be issued on the defendants behalf for a witness? Say a character witness? How long before case would it be issued? If the witness were cooperative with the case would a subpoena even be issued? Just trying to verify a story I was told this morning, thanks. |
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maybe the witness wants to help the defendant but for some reason doesn't want others to know they wanted to help
being subpoenaed allows them to say they had no choice I heard of a person that told an attorney to do that if a work place harassment issue ended up going to trial to protect them from company retribution |
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Quoted:
Criminal (felony) case here: Would it be common for a subpoena to be issued on the defendants behalf for a witness? Say a character witness? How long before case would it be issued? If the witness were cooperative with the case would a subpoena even be issued? Just trying to verify a story I was told this morning, thanks. I don't know about CA or wherever you are, but: 1. Yes, common. For any kind of witness. 2. Usually at least 2 weeks out, but sometimes more. 3. Yes, it would still be issued even if you were cooperative. They can't assume you'll show up, or not get hit by a bus on your way there, and they need the subpoena served on you to secure a continuance of the proceeding if you don't show. As others said, it's normal. I subpoena "friendly" people all the time due to #3, and I usually tell them up front that it's coming and when the court date will be. |
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Quoted:
Timing is my only other question, but I guess it could be served right up until The night before? Potentially, but likely varies by jurisdiction so I'm not sure anyone can give you any definitive answer. I have seen subpoenas served the evening before to appear in the morning without issue. My favorite subpoena story is an attorney served a witness subpoena on a doctor in federal court to appear for a trial. The doctor returned the subpoena to the attorney the day before trial ripped up with a note saying he wasn't appearing. The attorney showed up and explained to the judge why he couldn't proceed with his case and showed the judge the ripped up subpoena and note from the doctor. The federal judge ordered the U.S. Marshall Service to go find the doctor and take him into custody immediately. The U.S. Marshall showed up at the doctor's office and pulled him out of a exam room and took him into custody. The doctor got to sit in the holding cell until late in the day when he was called as a witness. |
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Quoted: Quoted: Timing is my only other question, but I guess it could be served right up until The night before? Potentially, but likely varies by jurisdiction so I'm not sure anyone can give you any definitive answer. I have seen subpoenas served the evening before to appear in the morning without issue. My favorite subpoena story is an attorney served a witness subpoena on a doctor in federal court to appear for a trial. The doctor returned the subpoena to the attorney the day before trial ripped up with a note saying he wasn't appearing. The attorney showed up and explained to the judge why he couldn't proceed with his case and showed the judge the ripped up subpoena and note from the doctor. The federal judge ordered the U.S. Marshall Service to go find the doctor and take him into custody immediately. The U.S. Marshall showed up at the doctor's office and pulled him out of a exam room and took him into custody. The doctor got to sit in the holding cell until late in the day when he was called as a witness. Wait, I told that story  happened to a buddy of mine in Albany |
| I send subpoena to all my witnesses. Officers, victims, witnesses, experts, etc. It lets them know when the trial is, when they should show up and what number to call to confirm everything. And, if for some reason they don't show, I can get a recess to find them because I can show the court I had them under subpoena. |
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Timing is my only other question, but I guess it could be served right up until The night before? Potentially, but likely varies by jurisdiction so I'm not sure anyone can give you any definitive answer. I have seen subpoenas served the evening before to appear in the morning without issue. My favorite subpoena story is an attorney served a witness subpoena on a doctor in federal court to appear for a trial. The doctor returned the subpoena to the attorney the day before trial ripped up with a note saying he wasn't appearing. The attorney showed up and explained to the judge why he couldn't proceed with his case and showed the judge the ripped up subpoena and note from the doctor. The federal judge ordered the U.S. Marshall Service to go find the doctor and take him into custody immediately. The U.S. Marshall showed up at the doctor's office and pulled him out of a exam room and took him into custody. The doctor got to sit in the holding cell until late in the day when he was called as a witness. Wait, I told that story happened to a buddy of mine in Albany
Well same thing happened in the Eastern District of Virginia. The judge was Albert Bryan. |
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Timing is my only other question, but I guess it could be served right up until The night before? Potentially, but likely varies by jurisdiction so I'm not sure anyone can give you any definitive answer. I have seen subpoenas served the evening before to appear in the morning without issue. My favorite subpoena story is an attorney served a witness subpoena on a doctor in federal court to appear for a trial. The doctor returned the subpoena to the attorney the day before trial ripped up with a note saying he wasn't appearing. The attorney showed up and explained to the judge why he couldn't proceed with his case and showed the judge the ripped up subpoena and note from the doctor. The federal judge ordered the U.S. Marshall Service to go find the doctor and take him into custody immediately. The U.S. Marshall showed up at the doctor's office and pulled him out of a exam room and took him into custody. The doctor got to sit in the holding cell until late in the day when he was called as a witness. I wish all judges would do that. Most of them just sigh and then continue the trial, and maybe issue a show cause if the the witness is a repeated no-show. |
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Quoted:
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Timing is my only other question, but I guess it could be served right up until The night before? Potentially, but likely varies by jurisdiction so I'm not sure anyone can give you any definitive answer. I have seen subpoenas served the evening before to appear in the morning without issue. My favorite subpoena story is an attorney served a witness subpoena on a doctor in federal court to appear for a trial. The doctor returned the subpoena to the attorney the day before trial ripped up with a note saying he wasn't appearing. The attorney showed up and explained to the judge why he couldn't proceed with his case and showed the judge the ripped up subpoena and note from the doctor. The federal judge ordered the U.S. Marshall Service to go find the doctor and take him into custody immediately. The U.S. Marshall showed up at the doctor's office and pulled him out of a exam room and took him into custody. The doctor got to sit in the holding cell until late in the day when he was called as a witness. I wish all judges would do that. Most of them just sigh and then continue the trial, and maybe issue a show cause if the the witness is a repeated no-show. best i've seen is a judge ordering the bailiff to "retrieve" a witness from outside the courthouse. lol |