Legal Question in Juvenile Dependency in California

I was served a subpoena to appear at a hearing. The subpoena was filed on 7/28 and left at my door onthe evening of 8/1. The hearing is 8/4. So basically I had a 2 day notice. I've just started a new job and have some training scheduled for the afternoon of 8/4. I have contacted the attorney who filed the subpoena about re-scheduling. But frankly I don't expect her to call back.

Will I be held in contempt if I don't attend?

The subpoena has no signature by anyone other than the attorney; shows no registration or markings by the court. Do I have any way out of this?


Asked on 8/02/11, 7:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you are being subpoenaed as a witness they must offer you a witness fee if you ask; obviously you were not given that chance. They also must serve you in person which they did not do. Call and e-mail the attorney that the service was improper and what you schedule is, that you will not appear if there is a conflict. Ask on what basis she claims, if she does, that you must appear. Unless she will withdraw the subpoena, get the name of the Court for the hearing and opposing counsel and send them an e-mail as to why you will not appear.

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Answered on 8/03/11, 8:09 am


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