Does the plaintiff have to appear when defense issues a subpoena to a witness to appear or produce

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Does the plaintiff have to appear when defense issues a subpoena to a witness to appear or produce

Is the plaintiff required to appear when the defense issues a subpoena to a
witness to appear or produce? The little box next to the plaintiff is checked but
the subpoena is to a witness who has files they want so does that mean the
plaintiff has to be there when the witness produces the files?

Asked on May 8, 2019 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you don't have to appear, since the witness is a third party (i.e. this is not a discovery request made to you). Of course, not appearing means that you will not see what goes on at the appearance, what is said, what is produced, etc. and so will disadvantage you--you may end up being surprised later by evidence or testimony bad for your case.


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