Legal Question in Medical Malpractice in Alabama

subpena

If you are not directly involved in a case [ neither plantiff or defendant ] can the attourneys subpena you and not compensate you for travel and lost pay ? If the answer is yes they can then where does this end ? Anyone how remotely involved or not at all involved can be subpenaed ? If there is a limit , who decides who can be pulled out of there life with no pay and who cannot ? What measure of grounds or evidence and how do they determine the validity of such grounds ? Seems very unfair. Thanks very much. respectfully , Doug


Asked on 7/19/02, 8:33 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: subpena

yes and no. Yes, a non-party may be subpoenaed, but no, there must be a rational basis behind the subpoena. The court decides whether or not the subpoena has merit.

The attorney or party responsible for the subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. If the good faith nature of this rule (RULE 45(c) of the Alabama Rules of Civil Procedure) is violated, the court may impose sanctions including, but not limited to, lost earnings and a reasonable attorney fee. You may want to file some type of motion with the court to protect your rights. It also depends how far away you live. If more than 100 miles from the court, the court may protect you from appearing without reasonable compensation. These are the Alabama state court rules, not federal. If you have any other questions, please let me know.

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Answered on 7/21/02, 3:13 pm


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