Legal Question in Personal Injury in Florida

Re: Must I answer to subpeona

Only if served personally upon you.

Re: Must I answer to subpeona

how was it served? they may be able to have a phone depo, or statement with you. I am sorry there are lawyers who are rude and disrespectful. They are not fine examples of attorneys who are working hard at helping their clients

Re: Must I answer to subpeona

First, it depends on how you received the paperwork. A subpoena to appear either for testimony in court or for a deposition would be handed to you by a process server. If you received a notice for your deposition in the mail, that is not the same as a subpoena. I would try to convince the attorney for the plaintiff to either take your deposition by telephone or some other manner. Is there a telephone number either early in the morning or late at night where you can be reached?

I bet if you write him a letter telling him that your job is very important to you and that you are in danger of losing your job he will be more understanding. If it turns out that you have been personally served with a subpeona - if you fail to appear you may be hailed into court by the judge. See if you can't work it out with the attorney.

Re: Must I answer to subpeona

Your post says that you have been "sent" a subpoena. Getting a supboena by mail is not proper service and would not compel your attendance or appearance. That being said, if you have been properly subpoeaed, you will need to show up or you could be held in contempt. Further proceedings would not make any effort to coordinate your testimony with your schedule and could cause more of a headache. I would try my best to find a time to get your testimopny accomplished. Schedule a time early or late on some day that you can work around. That will be easier than fighting it or running the consequences of notr showing up.

Re: Must I answer to subpeona

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you received service of the subpoena by the sheriff's office or a certified process server, then you are obligated to make yourself available for a deposition. You can request that the attorney cooperate with your schedule but you also have to cooperate with them. You may wish to offer than you appear at a differnt date or time when you will be in town and not inconvenienced (as much) or at some other place. If the attorney refuses to cooperate or continues to be rude, put your concerns in a letter to the court. I am sure the attorney will then rethink his position - especially if the judge rebukes him/her for it.

Scott R. Jay, Esq.