Legal Question in Civil Litigation in California

Further Thoughts re: Supeona for witnesses

Another way to deal with an unwanted subpoena is by a motion to quash. This is not the same thing as "refusing" to appear; instead, it involves making a motion asking the court to excuse your appearance in advance. Such motions can be based on the hardship you would suffer if you were forced to appear, the risk that you might be required to reveal privileged or confidential information, etc. Most subpoenas would survive a motion to quash but, because I have no facts to go on here, I do not know whether such a motion would succeed in your case.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340

Re: Subpeona for witnesses

In a word, no. If the subpoena was properly issued and if the witness is within the jurisdiction of the court, then attendance is compulsory. You would probably need to meet with an attorney and show him/her the papers you have received in order to see if your case fits into one of these exceptions.

If you do not appear when the summons requires, you may be subject to arrest and/or fines. Most judges do not look kindly on witnesses who defy trial subpoenas.

You have not explained why you (or whoever it is) would want to refuse to attend. If the reason is fear of self-incrimination, then the answer may well be to appear in court and take the Fifth.

Often, however, an informal approach will work better. If one party to the action has subpoenaed you as a witness, you might try contacting their counsel to see whether you really need to attend. Sometimes they will accept a written statement, signed under penalty of perjury, instead of making you appear in person. You really should discuss this possibility in detail with an attorney before you try it on your own because, depending on the circumstances involved, what you say could get you more trouble than you bargained for.

Feel free to call me if you want to discuss this further.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340