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Posted: 12/12/2005 8:59:16 PM EDT
[Last Edit: 12/12/2005 9:03:42 PM EDT by ComputerGuy]
So lets say you got a subpoena to testify at the circuit court as a witness on behalf of the State.

Is there any way one could wiggle out of this?

Lets also say the subpoena is dated Nov. 1, 2005, but wasn't actually given until Dec. 12 (today), and the trial is on Dec 29.


What would happen if when the said person goes to testify states they no longer have any recollection of the event in question?
Link Posted: 12/12/2005 9:00:04 PM EDT
[Last Edit: 12/12/2005 9:01:10 PM EDT by Daytona955i]
No, that's the idea behind a subpoena.

ETA: You might be able to challenge it... but I doubt it would be worth the trouble.
Link Posted: 12/12/2005 9:00:37 PM EDT
death
Link Posted: 12/12/2005 9:01:00 PM EDT
Are you saying they didnt serve you the papers until the 12th, and you have something scheduled already the day of the hearing?
Link Posted: 12/12/2005 9:02:08 PM EDT

Originally Posted By 1BMF:
Are you saying they didnt serve you the papers until the 12th, and you have something scheduled already the day of the hearing?



Yes, that is correct.
Link Posted: 12/12/2005 9:03:04 PM EDT
Google for "motion to quash".
Link Posted: 12/12/2005 9:04:58 PM EDT
[Last Edit: 12/12/2005 9:06:36 PM EDT by FLGreg]
subpoena - a writ commanding a person designated in it to appear in court under a penalty for failure.

You are toast if you do not.


Originally Posted By ComputerGuy:
What would happen if when the said person goes to testify states they no longer have any recollection of the event in question?



You still have to go and say that.

Any details?
Link Posted: 12/12/2005 9:05:39 PM EDT
Do you have a wisdom teeth that need to be yanked. Get that done the day before, I am sure between the pain meds and big wad of gausse in your mouth that they will pass on you.
Link Posted: 12/12/2005 9:05:40 PM EDT
The best thing for you to do is call them and talk about it. If the state wants, they can do anything from having the court file an order to show cause where if you don't show up you're held in contempt to naming you a material witness that needs to be held in custody so you testify.
Link Posted: 12/12/2005 9:05:55 PM EDT
ComputerGuy on the stand: (eyes wide, whispering) "I see dead people."
Judge: "The witness is excused."
Link Posted: 12/12/2005 9:07:15 PM EDT
This is why you never open the mail and run when any one approaches you
Link Posted: 12/12/2005 9:08:12 PM EDT
I think there will be a certain amount of pressure placed upon you to comply. My prediction is you will be in court on Dec. 29.
Link Posted: 12/12/2005 9:08:20 PM EDT

Originally Posted By ARDOC:
death



The Bill Casey approach
Link Posted: 12/12/2005 9:11:23 PM EDT
[Last Edit: 12/12/2005 9:11:41 PM EDT by ComputerGuy]
Will they compensate for missed pay? The trial will take two days.
Link Posted: 12/12/2005 9:13:53 PM EDT
I'm not a lawyer, but I don't believe there is any compensation unless you are on a jury. Sometimes employers will compensate you.
Link Posted: 12/12/2005 9:14:10 PM EDT
paging nearest spelling nazi! Nazi Defcon 1 on the title!
Link Posted: 12/13/2005 8:54:31 PM EDT
You can't complain about failures in the justice system if you aren't willing to participate in it honestly.

One of the duties in a free society is participating in voting and the courts.

Oops, make that one of the sacred opportunities that many soldiers have died for and many people in the world are willing to die to get is to have an honest court system.
Link Posted: 12/14/2005 6:24:12 PM EDT
[Last Edit: 12/14/2005 6:25:45 PM EDT by JavaMan]

Originally Posted By PaDanby:
You can't complain about failures in the justice system if you aren't willing to participate in it honestly.

One of the duties in a free society is participating in voting and the courts.

Oops, make that one of the sacred opportunities that many soldiers have died for and many people in the world are willing to die to get is to have an honest court system.




What a load of jingoistic crap. ComputerGuy obviously has reasons he doesn't want to testify. It has nothing to do with veterans, the flag, Jesus, or puppies.



Originally Posted By ComputerGuy:
Is there any way one could wiggle out of this?




Whatever you do, show up. Not showing up will land you in jail. If you have something else to do, call the state attorney/lawyer who actually requested the subpoena and explain. If you're going to be out of town, they will have to pay expenses to get you back. For instance, if you're already planning to be visiting your mother in a different state, the court will have to pay for flights, taxis, etc., both ways.



What would happen if when the said person goes to testify states they no longer have any recollection of the event in question?



Nothing will happen to you. In fact, this is the only legal way to avoid testifying in court (outside of the Fifth Amendment). You can say "I don't recall" all you want and no one can touch you. If one side presses you on something that you obviously should know, you can always say stuff like "Gee, I guess so. But I'm just not sure" and the other side will rip it apart and get you dismissed from the stand. Whatever you do, DO NOT LIE. Procecutors will try and get you to admit a few small things and lure you into a "perjury trap." Don't fall for it. "I don't recall" is always a good answer.
Link Posted: 12/14/2005 6:35:23 PM EDT
You might get by with a deposition.
Link Posted: 12/14/2005 7:20:03 PM EDT
[Last Edit: 12/14/2005 7:20:13 PM EDT by legalese77]
I am going to give you advice guaranteed to be right on target and I won't even bill you for it...this time...ready?

[advice]
Subpoena literally translates to: under penalty
If you are unable to comply, you had best talk to a real attorney, preferably one that has practiced in the forum jurisdiction.
[/end advice]


You may be entitled to some compensation, I dunno, that's why you should talk to an attorney in that jurisdiction. Illinois, for example, provides for a statutory witness fee. The fee is nominal in Illinois. I believe ~20/day.

Any reason you can't appear or is this just a matter of dun wanna?
Link Posted: 12/14/2005 7:28:38 PM EDT

Any way to get out of a subpoena?


Other than dying - no.
Link Posted: 12/14/2005 7:30:35 PM EDT
Without a lawyer? Usually no. If its that big a deal find a cheap lawyer and file a motion to quash.
Link Posted: 12/14/2005 7:33:52 PM EDT
Call the state and ask them why in the hell they are compelling you to testify on their behalf. Accuse them of trying to convict an innocent man, or trying to extort money from a company, or whatever.

Link Posted: 12/15/2005 5:15:32 AM EDT
[Last Edit: 12/15/2005 7:21:44 AM EDT by John11167]
Don't let them serve you in the first place.

Why would I acknowledge I am so and so if I dont know who they are.

I would have just acted dumb, who are looking for ?

No, I have never heard of them...

Fuck off !

Oh by way meet my little FRIEND !
Link Posted: 12/15/2005 5:18:29 AM EDT
Tell them you cant speel.

It might work.
Link Posted: 12/15/2005 5:22:50 AM EDT
Don't let them Serve you. Don't answer the door
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