Legal Question in Criminal Law in Colorado
Served with a subpoena
I'm supposed to appear in court tomorrow as a witness and testify. I have not been served a subpoena for this court date. I was served a subpoena for a previous court date but the date was pushed back due to a continuance. If I have not been served a subpoena for the specific court date, do I have to appear?
2 Answers from Attorneys
Re: Served with a subpoena
The previous subpoena is still in effect. You obviously are aware of the new court date; a new subpoena is not necessary to compel your attendance.
So yes, you do have to appear, or face a charge of contempt of court.
Just tell the truth, and you'll be fine.
Re: Served with a subpoena
I disagree. Your subpoena was for the previous date. If you appeared in court and the judge told you that your subpoena has been continued to the next date, then you must appear. If the judge has not told you that, and you have not been served with a new date, then you are not under subpoena.
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