What do I do if I received a subpoena but I can't go? 40 Answers as of July 08, 2013

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Adesina Law Office, P.C.
Adesina Law Office, P.C. | Adebayo Adesina
Call the attorney that signed the subpoena and inform them that you can not make it and why. If you have a good enough reason they should be able to accommodate you.
Answer Applies to: Illinois
Replied: 1/3/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Don't worry. If they really want you they will send a bailiff to pick you up.
Answer Applies to: New York
Replied: 12/30/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
A subpoena is a court order requiring you to appear. The question is-what is the reason that you "can't go?" You may contact the judge in the matter and advise him/her if the reason is a good one. The party that issued you a timely subpoena is entitled to a new court date and to require you to come at a later date without further costs if you are a necessary witness. You may also call the attorney for the party who issued the subpoena, and depending on the reason for your absence, they may require your deposition instead.
Answer Applies to: Louisiana
Replied: 12/29/2011
Law Office of Alfred L. Petrocelli Jr. | Alfred L. Petrocelli Jr.
Contact the person who issued the subpoena, the party calling you to testify, to schedule your appearance.
Answer Applies to: Illinois
Replied: 12/29/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You speak to the lawyer who issued the subpoena. If you satisfy him (or her) there should be no problem. Under no circumstances should you just fail to show.
Answer Applies to: North Carolina
Replied: 12/29/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Contact the lawyer who subpoenaed you and advise of your unavailablity. If it is a trial subpoena suggest an evidence deposition. If a discovery deposition suggest a different time and or location that fits with your schedule.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact the attorney's office which sent the lawsuit and state your reason for not being available at the date and time specified in the subpoena. Perhaps, a different date and time can be mutually agreed upon.
    Answer Applies to: Indiana
    Replied: 12/29/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    If have been subpoenaed as a witness to give sworn testimony about a car accident that you witnessed and cannot make it, go ahead & contact the attorney who issued the subpoena to seek alternative arrangements.
    Answer Applies to: Georgia
    Replied: 12/29/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    You should contact the attorney that sent the subpoena immediately. If it is for a deposition, it probably can be rescheduled. If it is for trial you could face penalties for not showing up.
    Answer Applies to: Massachusetts
    Replied: 12/29/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You need to call the attorney who represents the party who issued the subpoena, and discuss alternatives. If it is for a deposition, it can probably be rescheduled, but if it is for a trial, you can be forced to attend and testify.
    Answer Applies to: Florida
    Replied: 12/29/2011
    Law Office of William L Spern | William Spern
    Contact the subpoenaing attorney and ask to be released or to accommodate your schedule. If you do not go, the court can and probably will issue an arrest warrant for your failure to obey the subpoena.
    Answer Applies to: Michigan
    Replied: 12/29/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    You need to call the attorney who sent you the subpoena and explain the situation. Usually the attorney will work with you. If not then you will have to file a Motion To Quash The Subpoena.
    Answer Applies to: Indiana
    Replied: 12/29/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed. Do NOT contact the judge yourself. You might inadvertently say something to make the judge mad, possibly getting held in contempt of court. Get a lawyer to do it for you.
    Answer Applies to: Georgia
    Replied: 12/28/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You should call the person who issued the subpoena and explain. You can probably also ask the court for a protective order.
    Answer Applies to: Washington
    Replied: 12/28/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Speak to the person who issued the subpoena.
    Answer Applies to: Florida
    Replied: 7/8/2013
    The Olawale Law Firm | Emmanuel Olawale
    You may contact the prosecutor and let them know that you would not be able to testify on the given date. They may chose to schedule your deposition for a different date and time and later use your deposition testimony at trial.
    Answer Applies to: Ohio
    Replied: 12/28/2011
    EJ Leizerman & Associates | Michael Leizerman
    You are legally obligated to follow the subpoena. I suggest calling the lawyer or court that issued the subpoena to see if they can reissue it for a more convenient time.
    Answer Applies to: Ohio
    Replied: 12/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    What do you mean you can't go? Suggest you call attorney that sent you the subpoena. See if you can work out the problem. That is a lot easier and cheaper than hiring an attorney to quash the subpoena.
    Answer Applies to: California
    Replied: 12/28/2011
    Lafer Law Firm | Marc S. Lafer
    All you need do is contact the attorney that issued the subpoena, the name and phone number is on the subpoena, and ask the attorney to reschedule, it should be no problem at all. If you were not properly served, that is a different question. If you are disabled and cannot travel, they can make arrangements to have the deposition at your location. Don't forget to demand your statutory compensation that you are entitled to under California law.
    Answer Applies to: California
    Replied: 12/28/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Call the attorney who issued the subpoena, let them know your conflict, and see if you can move your appearance.
    Answer Applies to: California
    Replied: 12/28/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Call the lawyer who issued the subpoena. Hopefully, he or she will work with you to reschedule. You can file a motion to quash the subpoena, but most lawyers will work with you and/or write a letter to your employer asking that you be released to attend the deposition/trial etc.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    You are not at liberty to ignore a lawfully issued and served subpoena. You should contact the attorney who had the subpoena issued and make appropriate arrangements. Most attorneys will work hard to accommodate a witness. If that does not work, you should call the judge, explain the situation respectfully, and request reasonable accommodation. If absolutely necessary, you may need to hire an attorney to file an objection to the subpoena and request that the subpoena be quashed. Keep in mind that "I'm busy" or "my boss will be mad if I miss work" or "I have a baby" or "I can't afford to miss a day of work" are not grounds to quash a lawfully issued and served subpoena. If you were hurt in an accident (or wrongfully accused of hurting someone in an accident), you would want witnesses to cooperate. Do unto others as you would have done unto you.
    Answer Applies to: Alabama
    Replied: 12/28/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Call the lawyer that issued the subpoena and see what they will do for you.
    Answer Applies to: Virginia
    Replied: 12/28/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Call the lawyer who sent you the subpoena.
    Answer Applies to: Oregon
    Replied: 12/28/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It depends on why you can't go. If it is a good enough reason, call the attorney who subpoenaed you and ask if you can be excused. If not, file a motion to quash the subpoena (you may need to hire an attorney to do this).
    Answer Applies to: South Carolina
    Replied: 12/28/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Merely contact the attorney's office that issued the subpoena and re-schedule your appearance for a date and time that is convenient for your schedule.
    Answer Applies to: Illinois
    Replied: 12/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Depends on what its for records? to attend a deposition? or to attend trial? If its for records or a deposition, it can probably be changed to accommodate your schedule. If its for trial, they will work with you to an extent, but trials usually take place between 9 am and noon, and then 1:30 to 4:30 pm. Most trial lawyers will work with you to make it fit. But if you have to miss work, the subpoena trumps work and your employer cannot do anything about it and cannot penalize you for complying with a subpoena. So, call the attorney and see what can be worked out.
    Answer Applies to: California
    Replied: 12/28/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    There is a name at the bottom of the Subpoena of the attorney who served the Subpoena on you. Call him/her right away and explain your situation. They may be able to work out alternate arrangements.
    Answer Applies to: New York
    Replied: 12/28/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Call the attorney that sent it and tell the attorney you can't make it. Offer to show up on a different date.
    Answer Applies to: Washington
    Replied: 12/28/2011
    Ezim Law Firm | Dean Esposito
    Contact the attorney who issued it and advise him/her of your dilemma.
    Answer Applies to: Louisiana
    Replied: 12/28/2011
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Call the attorney who served the subpoena. If you ignore a subpoena, you can be picked up by the sheriff under a body attachment and held until the court releases you.
    Answer Applies to: Missouri
    Replied: 12/28/2011
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    You send a letter to the attorney who sent you the subpoena, or the police officer, and to the court, explaining why you cannot go. I would suggest you find a way to go. The reason better be a good one or you could be facing contempt of court charges.
    Answer Applies to: Virginia
    Replied: 12/28/2011
    Gilbert & Bourke, LLP | Brian J. Bourke
    The best thing to do is to call the office of the attorney who sent you the subpoena right away. Generally, they will work with you on a convenient date to take your deposition since they must feel your testimony will help their client.
    Answer Applies to: California
    Replied: 12/28/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Generally you can call whoever served you and reschedule.
    Answer Applies to: California
    Replied: 12/28/2011
    Attorney at Law | Dorinda Ohnstad
    Contact the attorney for the party who issued the subpoena for your appearance.
    Answer Applies to: California
    Replied: 12/28/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Call the clerk of the court and give your excuse. It needs to be very good.
    Answer Applies to: Montana
    Replied: 12/28/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Call whoever subpoenaed you and explain your situation. They may be willing to have you testify at a time and place convenient for you. If not, unfortunately, you better go. Most attorney's will work with you on things like this. Also, they may be willing to videotape your testimony (if this is for trial) to be played to the jury later. You've got options, be nice and they will work with you.
    Answer Applies to: New York
    Replied: 12/28/2011
    Downriver Injury and Auto Law | Michael Heilmann
    Call the issuing office and tell them that you cant go on the date and time selected. Otherwise you will be causing the Court to sit around and wait for you.
    Answer Applies to: Michigan
    Replied: 12/28/2011
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