Do you have to appear as a witness if you are asked to but not subpoenaed?

UPDATED: Sep 30, 2022

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Do you have to appear as a witness if you are asked to but not subpoenaed?

I filled out an affidavit but they said I had to be in court to testify. I have a family member in hospital at time and do not feel I can be in court at that time.

Asked on September 9, 2016 under Business Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have not been subpeonaed, then you don't have to appear, at least until you are subpeonaed. That having been said, you should make make either the attorney for whom you filled out your affidavit, or if need be the court, aware of your reason for not being able to appear. You may be excused from testifying or allowed to make other arrangements for doing so (e.g. testifying via videotape).
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