Legal Question in Civil Litigation in California

Re: If you are called to be a witness in a civil case, must you consent?

If you are within the court's jurisdiction, you can be subpoenaed to testify. There are some laws about certain fees being paid to the witness -- appearance fee, and travel. If you are out of the court's reach, then you don't need to appear.

Also, if you've been subpoenaed, you can talk to the lawyer who issued the subpoena about putting you "on call," that is, to give you maybe a half-day's notice that you'll be needed the following day, so that you won't have to wait around the courthouse for four or five days.

Re: If you are called to be a witness in a civil case, must you consent?

Failure to obey a lawful subpoena to appear in court to testify, you can be held in contempt. The consequences can include fines, jail time and being forced to pay the legal fees incurred to enforce the subpoena.

In some cases, you might be eligible to request statutory witness fees and mileage. If you cooperate with the attorney, they migth be able to give minimize your incovenience by have you on telephonic standby (i.e. have you come down on a few hours notice to testify).

Re: If you are called to be a witness in a civil case, must you consent?

A witn4ss subpoened lawfully must appear and must testify, subject to privleges (e.g. attorey-client, pastor/pentitent, doctor-patient, marriage) and matters such as fifth amendment, and must be paid witness fee and mileage.

Re: If you are called to be a witness in a civil case, must you consent?

Yes. If you receive a subpoena that is withing the jurisdictional limits of the court where you are to testify, you must honor the subpoena.