Legal Question in Civil Litigation in Virginia
Subpoenaing witnesses testimony
In a past question, I received very helpful information regarding a Warrant In Debt that I received from a contractor after three years. I still have all receipts and correspondences between this contractor and myself regarding the ''additional living expenses'' that I would be holding them responsible for since they had missed their promised completion date and insurance payments had stopped. My girlfriend ( at that time ), who was residing with me and, had first hand knowledge of the issues with the contractor has since moved out of state but, I am still in contact with, has agreed to return to offer testimony in the case. I have also renewed contact with the insurance adjuster who remembers the case and has informed me that the only way that he can provide any form of testimony, written or otherwise, is to be subpoenaed by the court. Since the testimony of both my ex-girlfiend and the adjuster are important because alot of the ''promises'' made by the contractor were verbal, I want to ensure I get this testimony. My question is, is the subpoena process something that I can handle myself through the court ? When is the proper time to initiate the subpoena process ? And, what are the proper steps that I need to take to obtain them ?
1 Answer from Attorneys
Re: Subpoenaing witnesses testimony
You won't be able to subpoena your girlfriend
from out of state, thanks to the inattentiveness
of your elected officials in Richmond. (There is
a procedure, but it has not been fleshed out
and the courts will ignore it.)
You can probably fill out the form to subpoena
the insurance adjuster if he is in Virginia. The
clerk will show you how to make the form correct
(although they are afraid of giving legal advice).
You should do it as soon as you have a firm
date for when the trial will be. The Sheriff's
Deaprtment will have to 'serve' the subpoena
on the witness and this can take some time,
maybe weeks. The subpoena has to be served
at least 5 business days before the date to
be enforceable (although the witness will
probably come anyway even if it is not
technically correct).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
