If I was 1 of 3 people who were have said to be witnesses in a solo vehicle collision that resulted in a fatality, what is my responsibility regarding coming forward?

One “witness” was issued a subpoena, myself and the other “witness” have not been issued a subpoena but was told by the “witness”(that was subpoenaed) that the attorney had attempted to contact us but was unable to, and that if we did not respond to them we would get fined a minimum of $500. Does this apply to me since I was not personally given a subpoena?

Asked on October 30, 2015 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot be fined for not coming forward voluntarily, and are under no obligation to even voluntarily provide your address, etc. to the attorney so they can serve you. (You may not, however, lie to them, so while you don't need to help them find you, you can't actively hinder them by providing false information.) If they do subpoena you, however, then you will have to testify as indicated by the subpoena.

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