How to respond to a subpoena?

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How to respond to a subpoena?

I work for a doctor who is going through a divorce. I received a subpoena to testify at the case. The judge had an emergency and now the case has been re-scheduled for a new date. The date is one day before I fly to NY for my sisters 1st baby shower. The tickets are non-refundable. The subpoena is from the wife’s attorney. I am not afraid to testify, I am just scared the court date will be changed again. They said that it all depends on if another case settles. I did notice they used white out on the other 2 boxes on the subpoena. What are my options?

Asked on November 10, 2010 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to contact the attorney for the wife who subpoenaed you in the matter and advise him of the dates that you will be unavailable to testify.  Tell him that you have these non-refundable tickets and that this vacation has been planned for some time.  Let him know point blank that you have no problem testifying but you will not be there from x date to x date and to make sure that he schedules his case accordingly. The other options is to make a motion to quash the subpoena.  Costly and may not be granted. 10 to 1 you would not be called on the first day anyway.  Have fun at the shower.  


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