Legal Question in Civil Litigation in Maine
subpeonas
i have been supoened as a witness to Superior Court Androscoggin Me by mail and i live in North Andover Mass. some 2 to 3 hrs away. the case involved my son who was killed last april at 19 in a motorcycle accident. he was a resident of maine as he was a college student. his girlfriend whom he lived with emptied his checking account that included over 5000.00. she signed his name to student loans checks etc.they have bank videos etc. i am a single mother with a per dium job with a signed contract and 2 other children under 18. i am not emotionally or financially equiped to deal with this and can not travel or leave my children or job. what are my obligations? what do i need to prove that i can not attend these proceedings which are sched from 8/4-8/27.I still am on an antianxiety medication. i also have purchased plane tickets during this time for my family vacation. pls. advise
2 Answers from Attorneys
Re: subpeonas
Call or write to the attorney or the Assistant District Attorney who signed the subpoena and explain these concerns about testifying.
Re: subpeonas
You should check to see if this subpoena is properly served -- both outside Maine, and by mail.
As noted in the prior answer, you should talk to the state's attorney and find out what he thinks you add to the case, and why he is pushing this, if the case already has bank videos and such. I imagine taht one legitimate fact to which you could testify is recognition of your son's signature -- and that the post-death signatures are forgeries.
This is the kind of case likely to go to plea-bargain. Telling defense counsel that the "sympathy witness" will be called is likely to be a pressure tactic to encourage a plea.
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