Legal Question in Employment Law in California

Do I need to subpoena a friend?

I am having a hearing before an administrative law judge. A person who used to work for the party I am against told me they would come to court with me and speak on my side of the issue. Should I also serve them with a subpoena to be sure they will come? Or just trust that they will come? This person could make or break my case for me and they are my only ''witness'' but I don't want to offend them by subpoenaing them either. What is proper?


Asked on 7/12/06, 6:55 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Do I need to subpoena a friend?

You should NEVER rely on the word of a witness to appear, even if they are a relative or good friend. Get a subpoena and have it personally served on the witness to compel attendance at the hearing.

Read more
Answered on 7/17/06, 8:28 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Do I need to subpoena a friend?

Serve them with a subpoena. It is the only way to assure attendance. Tell your witness that it makes them appear to be unbiased because they had to appear to testify, rather than volunteering to do so. If asked why they came, they can truthfully say they were subpoenaed to do so. You can even pay their appearance fee and mileage if it makes you both feel better.

Read more
Answered on 7/17/06, 8:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California