Posted: 8/27/2008 5:47:14 PM EDT
So I went to serve a subpoena today. (very) Long story short, the person who received the subpoena told me that he is not coming.  "Not coming? what do you mean not coming?" I said in my best impression of old Scrooge's nephew Fred. "I don't know you from Adam, and I'm not coming". "But I gave you two subpoenas, you have the two subpoenas...If you don't come the sheriff will come see you" "I'll be here all day Friday just waiting for the sheriff, and you're on private property and have to leave."So, I went to the Judge and told him what I was told. Judge was very calm about the whole thing and said, "Well... either he'll show up on time Friday with your documents, or We'll have a sheriff pick him up for you". I kind feel sorry for the poor guy. All I needed was a forwarding address. He wanted to make a huge issue out of it. I offered to give him a subpoena so he could prove he was required to give it to me. Then when he feigned ignorance I brought him a subpoena for documents which would include the forwarding address.  It'll be really interesting since the Judge is calling a short calendar and taking off early for the holiday weekend, with court not reconvening till Tuesday. If he doesn't show, the Judge will sign an order to take him into custody and compel his presence at the next court date. The Sheriff's deputies were terribly excited about going to get him... in the afternoon.I hate to see someone go to jail, but if you give them three opportunities to help you, three hours a part, and then they decide to refuse to comply with a court order, life will suck. 
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Sounds like the guy who's property blocks our land as well as a relatives. There is an established road but no easement. Instead of asking for one or both of us to buy the easement since there is no other way in he decides to block the road by cutting down some trees and meets our relative with a shotgun. So, he sues to get an easement and the wonderfully intelligent landowner proceeds to cut all of his timber to pay a lawyer to fight a case he can't win. The road had been established in court records for many years.
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Well... he didn't show. Sheriff's were dispatched and drug him in looking madder then a wet hen. Much to his surprise the judge wouldn't let him explain himself, or explain how unreasonable I was. He had a simple choice give me what i needed or go to jail, for 20 days. I got everything I needed and he was released the same day. However, I feel I made a sincere enemy in the leasing office of that apartment complex. |
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As is oft said here, "Play stupid games, win stupid prizes." What was his reason for not giving up the address, I wonder? It's not like it's a medical record or something protected by law. BTW, if you ever have trouble finding somebody, call the Columbia Record & Tape Club. If the guy you're looking for was ever dumb enough to fall for their "10 tapes for a penny" ad, they'll be able to track him down in 2-3 business days. At least, they always found me. 
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I've never, EVER, had some one duck one. Usually if they don't want to testify, I don't want them testifying. It just creates another hostile witness. However, once that panned out anyway. I'm not in the habit of forcing people on the stand who are just going to say "I don't knwo what you are taking about". This was a little different. This was someone I just needed one piece of info from. Jury was never gonna see him any way. I didn't care how pissy he acted. |
I searched about three hours, about a month ago, for a witness in a civil case (trial). Made the arrest, got her to court, witness testified. Wimp of a Judge let her go, no questions asked. Neither attorney could believe Judge would not impose so type of fine.  
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