What is my right not to appear when subpoenaed?

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What is my right not to appear when subpoenaed?

I received a subpoena to appear in court to give evidence in an action about an equal rights issue; I would be supporting the respondent. I have not worked at the company in 18 months and am not able to attend. I contacted the attorney and explained I could not attend. He asked why and I told him it was personal. He said he would talk with his colleagues and get back to me. What, if anything, do I need to do? I communicated the day after I received the subpoena, have I resolved my responsibility?

Asked on August 9, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you have not resolved your responsibility. People may NOT avoid a subpoena simply for "personal" reasons. If the attorney does not voluntarily excuse you, you will have to attend, unless you contact the judge in the case and convince him/her that you have a good reason for not attending.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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