Legal Question in Family Law in Florida
I was due to attend a trial as the Respondent in a child custody issue. I spent months preparing for trial and subpoena'ing several witnesses and spending thousands of dollars for expert witnesses. On the way to the courthouse (20 minutes before the start of the trial) I got notice that the judge had become ill and had to cancell the trial. This ended up costing me a fortune that I cannot recoup (ie: witness fees, legal fees, travel expenses, etc...). Is there any recourse for this? Can I ask the state to re-imburse me for this?
My case is in Florida but I live in New York.
5 Answers from Attorneys
Accidents and illnesses happen. There is no recourse against the State. You should review your subpoenas to see if you can call your witnesses again on the new date without having to reserve them, as an attorney when I issue subpoenas they say a date but advise that the date and time could change or be extended and the witnesses is not released until they have testified or been told they are not going to be called. Fees for experts should extend to the new date d they did not testify on the date they were suppose to. Only fees you would be out are travel expenses. Sorry, hope it works out for you later. You might ask if out of state witnesses can appear by telephone at the next hearing to save costs and explain the costs you incurred last time and the Judge might agree since they were the cause of the continuance.
You have no recourse. Contact my office for free consultation 727-446-7659.
This is why we advise pro se litigants to hire an attorney - if you paid all this money you could have hired one and been protected as to the costs by having your documents state that they are still under the subpoena and expert witnesses would still have to appear.
If you successfully defend the case, you may be entitled to reimbursement of costs from the other side.