Legal Question in Business Law in Colorado

service

A prior coworker has a legal action pending and wants to serve a subpoena to me to attend his trial for his unemployment case. Can he legally serve this to me personally and am I bound to testify if served?


Asked on 9/30/05, 11:14 am

1 Answer from Attorneys

Francisco Romero F.L. Romero Esq., P.C.

Re: service

The coworker can't personally serve it - service has to comply with the rules that govern how all types of legal pleadings are served which generally require a disinterested person to serve the document. Subpoenas must include the witness fee as well or they are defective. Once you are served (assuming it's done correctly) you must appear and testify - failure to do so is contempt. Keep in mind that your employer cannot take adverse action against you for testifying (and telling the truth) - you have no choice in the matter and it is a protected right/obligation. If the employer does take some adverse action that constitutes retaliation and can subject the employer to suit and damages.

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Answered on 9/30/05, 12:09 pm


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