Legal Question in Business Law in Massachusetts

subpoena

I was subpoenad by a lawyer in a civil procedure. Do I have to go?they are telling me I have to go to the pkantiffs attorney, I know for a fact this is the lawyer of the defendant.it was dropped at my doorof my house. Do I need legal representation?


Asked on 11/07/08, 10:12 pm

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: subpoena

Failure to comply with a subpoena exposes you to the serious charge of contempt of court.

While you have been served, it is not 100% certain that you will actually need to appear and testify; but that is for the lawyer who subpoenaed you to determine, not you. You should call that lawyer and ask what this is about and if you really need to appear as commanded. If you have an unavoidable conflict, tell the subpoenaing lawyer, who may (or may not) try to accomodate you by scheduling a different day.

However, if the lawyer tells you that you must appear at the time and place commanded in the subpoena (or some other agreed time and place), you MUST do so. Again, failure to appear will invite contempt of court charges.

Whether or not you need to retain counsel to represent you in this connection depends on the surrounding facts and circumstances. It is impossible to say on the facts you have presented.

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Answered on 11/07/08, 10:33 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: subpoena

yes, you have to go;

Yes, you should consult an attorney.

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Answered on 11/10/08, 12:48 pm
Joseph Murray Joseph M. Murray, Esq.

Re: subpoena

Failure to appear when properly subpoenaed could result in a bench warrant being sought for your arrest and/or contempt of court charges.

If you wish not to speak directly with the attorney, you should retain an attorney to do so on your behalf and to advise you as to whether you need to be represented by an attorney based on all the facts which you should disclose only to that attorney, especially if you have reason to fear self incrimination. Good Luck!

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Answered on 11/08/08, 5:41 pm


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