How can you get out of a subpoena or have your testimony postponed?

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How can you get out of a subpoena or have your testimony postponed?

My mother-in-law got a subpeona in the mail to be on call. However, I got the tickets for her to visit us a few weeks back. She is supposed to leave this Saturday to come here from FL. She has never met her grandkids and the ticket is non-refundable. They only want her on-call starting the 11/15 to no ending date. What can we do or ask the court for her to come? The guy that she is supposed to testify against is going for lots of charges and any how she is going only for Thanksgiving week. If she isn’t on that plane we are out the money (and we barely were able to afford it). So what can she do or ask for so that she can come?

Asked on November 16, 2010 under Criminal Law, Alaska

Answers:

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

Answered 11 years ago | Contributor

She needs to call the party that issued the subpoena and I would go down to the Court and ask to speak with the Judge's law clerk or law secretary.  Show them a copy of the ticket and explain that she will be away and as you say that the ticket is non-refundable.  If they do not seem sympathetic (and I have to tell you that they ma not be) then she should consult with an attorney in the area.  I might actually do that first and have the attorney inquire on her behalf.  She can not just "not show" as she could be held in contempt.  The attorney can inquire as to the likelihood of the case proceeding and where she is on the witness list.  Good luck.


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