If I got a subpoena to go to court as a witness to an accident, do I have to go if the subpoena was improperly served? .

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If I got a subpoena to go to court as a witness to an accident, do I have to go if the subpoena was improperly served? .

They left the supeona on my door and did not personally give it to me.

Asked on April 1, 2017 under Criminal Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are advised to appear for the testimony. While you are technically right in that they are not suppposed to simply leave the subpoena unless you first refused to take it, the overarching requirement is that the subpoena be served in a way reasonably calculated to reach the person being subpoenaed--which it did. It is certainly possible that since you clearly did get the subpoena, that a court would conclude that service on you was therefore adequate. Even if a court did not rule that, they would like adjourn or continue the case, if you are an important witness, so you can be reserved. In short, you are unlikely to avoid testifying on this ground; at most, you will likely simply delay matters somewhat.


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