Legal Question in Civil Litigation in California
Rights when seved a Civil Subpoena
My son witnessed a fatality car accident two years ago. Over the past couple of years he has given two depositions while being self employed. Two and a half months ago he accepted a position with a company that is very busy and he has difficulty getting time off work. Last evening he was served a civil subpoena to show-up in court, in another city (a good hour from his home), June 18, 2009 at 9:30AM as a witness to the head-on DUI accident. He does not want to ask his employer for, who knows how much, time off. Does he have any legal options? Also, since this accident occurred a couple of years ago, can he request a copy of his depositions to review before the hearing/trial?
Thank you for your assistance,
2 Answers from Attorneys
Re: Rights when seved a Civil Subpoena
Your son should talk to his employer and explain the situation. He has a legally enforceable obligation to attend the trial.
He should also call the attorney who has subpoenaed him. There is probably some flexibility as to when he is called as a witness, and when he needs to actually come to the court house. If he talks to the attorney, he can be put on call so he does not have to sit around waiting for the whole trial.
The attorney should also be eager to help him review the transcripts of his deposition(s), as that will only make him a more credible witness.
Finally, do not forget to demand witness fees from the subpoenaing party!
Re: Rights when seved a Civil Subpoena
Mr. Telanoff is right. Having a job does not excuse compliance with a valid subpoena.
Your son's new employer is unlikely to give him any grief over this. After all, it's not his fault he was subpoenaed. The law requires him to attend, and the company will have to deal with that fact. No business can reasonably expect its employees to shirk their legal obligations for the company's sake.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
