What do I do if I received a letter asking me to testify in a case that I am not involved or have a knowledge of?

The defendant mentioned my name during the proceeding and now I have been called to testify. It was a letter and not a formal subpoena. Am I required to testify? What should I do if I am not required to attend the proceeding?

Asked on July 14, 2015 under Business Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it's just a letter, not a subpoena and you are not a party to the litigation (i.e. not suing or being sued), you are not required to attend; you are only required to attend if subpoenaed. You should tell the lawyer who sent you the letter, however, that you have no knowledge of the case and do not intend to appear; he may choose to let the matter drop, or he may try to issue a formal subpoena if he feels it's important enough.

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