Legal Question in Civil Rights Law in Massachusetts

subpoena laws, MA

If you are given a subpoena to come to court, can you refuse to attend the trial?


Asked on 1/13/05, 9:06 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: subpoena laws, MA

You must file a motion to quash the subpoena (provided you have a good reason for not attending). A judge will decide. if you don't show up, you could easily find yourself sitting in jail while they wait for you to be called. It's not worth it: if you have a good reason not to attend, file a motion to quash, otherwise, show up.

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Answered on 1/14/05, 11:25 am
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: subpoena laws, MA

It depends, how much would it bother you if the Court issues a warrant for your arrest? All joking aside, if you are properly subpoenaed and refuse to appear for trial, a court can issue a "capias" for your arrest. Ignoring a subpoena is akin to contempt of court. So you know, though, if you have a valid reason not to attend, you should have an attorney file a motion to quash the subpoena.

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Answered on 1/13/05, 9:37 pm


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