Legal Question in Personal Injury in Oregon

My brother was killed in a car crash. My mother was in the car but survived. Her lawyer sugested she sue my brothers insurance also the other vehicle's insurance. The lawyer for my brother's insurance company just called me to inform me that I need to be there....(He called at 10 min to 5 Friday and the trial starts on Tues) He says I will be sitting at the table next to him. I do not want to do this! Do I HAVE to be there and sit at the defense table?


Asked on 2/25/11, 6:14 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

The notion that you have to sit at defense table with the attorney for the insurance company that insured your brother's car is bizarre. Note that I assume it is the insurance company that insured your brother's car, although that is not entirely clear from your description.

You do have to appear in court as a witness, if you have been served with a proper written subpoena. The insurance company's lawyer can indeed prepare such a subpoena and have it served on you. You can read about subpoenas in the Oregon Rules of Civil Procedure, Rule 55: http://www.leg.state.or.us/ors/orcpors.htm

If you have not received a written subpoena signed by the attorney (or a judge or the clerk of the Court), you do not need to go to Court. Also, even if you go, you are certainly not required or even allowed to sit at the defense table, because you are not the defendant.

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Answered on 2/25/11, 6:39 pm


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