Legal Question in Civil Litigation in Florida

I have been dragged into a long running civil case. The plaintiff seems to want me to testify. The defense is an employer I may have worked at years ago.

I am being asked for a list of records which I simply don't have. I don't recall much from that period.

The hearing is roughly 300 miles from home. I am expected to drive 600 miles for the hearing. They were "nice" enough to give me an $8 check.

I have my rates for services clearly listed on my web site. I don't have a listed rate as an expert witness or testimony, but I will allow my standard rates to apply. This would be a $900 job.

I wrote a well articulated and polite letter to the courts and the attorneys addressing every point in the subpoena, and the fact that I am not in a financial situation to get myself there (i.e., unemployed). I was kind enough to return the $8 check.

The plaintiff wanted me found in contempt. It went before the judge, and I was served again to show up. This time it showed up with a $40 check. I'm still insulted by the $8 bribe. $40 isn't any better.

I recognize that some aspects of the industry could be considered gray areas, but to the best of my knowledge there was nothing illegal about it. I am not a legal expert. I do not know what I may or may not be used against me in the future. I am more than happy to say "I don't recall" to 99% of the questions, but I recognize the remote possibility that there may be questions which I should have material knowledge of, and it may be in my best interest not to answer. Is it acceptable to plea the fifth if I believe something I say may be used against me in the future?

Do I run a larger risk of ending up with a bench warrant for contempt of court by sending another polite letter and not showing up, or by pleading the fifth?

What happens if I happen to find employment sometime between now and the court date? I know it's not likely in this economy, but I keep hoping. What if my new employer won't let me skip a day or two of work for a case they obviously would have nothing to do with?


Asked on 10/09/09, 1:43 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

You need to quash the subpoena or arrange to testify by telephone.

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Answered on 10/09/09, 8:22 am
Angelo Marino Angelo Marino Jr. PA

Most subpoenas do not permit someone to travel over a 100 miles for court. It is best to contact an attorney in the city where the hearing is to move for protective order and to to quash the subpoena.

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Answered on 10/09/09, 1:14 pm
Lesly Longa Longa Law P.A.

I don't think it's a bribe. That's what they are giving you to pay for (some of) your expenses. It sounds like they are having you testify as a witness to what happened, not as an expert. As mentioned above, you can file a motion to quash the subpoena. Try to hire an attorney in that area or see if the court will give you a motion to use as a guide.

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Answered on 10/09/09, 7:29 pm


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