Legal Question in Civil Litigation in California

civil litigation question re: subpeonas

I have a question regarding civil litigation. If a person is served a subpeona to testify in a civil lawsuit (where a former employer & one of his clients are battling over money owed) and that person refuses to show up and testify...what type of reprimand/sentence could a judge impose? What is the maximum/worse a judge could do to the individual?


Asked on 10/31/08, 1:16 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: civil litigation question re: subpeonas

You would be arrested, dragged through the jail system, and brought to court. If you then refused to testify, you could be held in contempt of court and fined or jailed some more.

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Answered on 10/31/08, 1:34 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: civil litigation question re: subpeonas

The maximum a judge can impose for willful refusal to obey a subpoena is five days imprisonment and/or fine of $1,000. for each instance of willful contempt. Also, the judge could have the person incarcerated until he/she agrees to testify. There is a constitutional limit to this time period, but it is long enough that only the most hearty are willing to tough it out.

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Answered on 10/31/08, 6:35 pm


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