Legal Question in Administrative Law in California

Calling witnesses at trail

I am representing myself. My jury trail will be on June 9. Three of my witnesses have assured me that they will be attending my trail to testify. One of my witnesses has changed his mind and does not want to testify at trail. This witness testimony is critical for me.

What can I do to bring this witness to trial?

Thank you for your assistance.


Asked on 5/18/08, 2:54 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Calling witnesses at trail

Subpoena: You need to subpoena the witness to trial. There are problems having someone who not want to go; do what you can to encourge the witness to want to testify. You can pay them to attend as opposed to bribing them to appear.

Note: there are good reasons to subpoena all witnesses to appear even if they agreed to attend.

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Answered on 5/19/08, 9:51 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Calling witnesses at trail

You should subpoena all non-party witnesses whose testimony you want, whether or not they have agreed to appear voluntarily. Since you are in pro. per., you will need the court clerk's assistance to issue the subpoenas, but you still have to prepare them, and serve them, along with the witness fee required by law. If you want them to bring evidence with them, use the "duces tecum" form of subpoena. There is no minimum pre-trial time to serve them, but you'd better get on it right away to be sure the papers are ready, approved and served before trial. A consistent problem in subpoenaing witnesses, especially unfriendly ones, is having them present at the right date and time. Obviously, you can't have a witness testify in the middle of jury selection. This is just one of the reasons retaining an experienced litigator is a better path than self-representation.

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Answered on 5/20/08, 7:30 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Calling witnesses at trail

Subpoena them.

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Answered on 5/18/08, 2:58 pm


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