If I was not officially served a subpoena, am I still required to go to court?

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If I was not officially served a subpoena, am I still required to go to court?

Recently because of an incident I witnessed and wrote an official statement about, I was mailed a subpoena. I was not officially served the subpoena; it was only left in the mail. The court apparently has me as on call but on the first day of court I will not even be in the state. I have a planned vacation that I booked and paid for months in advance,. Also, I have extreme anxiety and I’m actually quite scared of being forced to testify. I have not contacted the state/court officials and given them my address or phone numbers. What are my options?

Asked on September 5, 2012 under Criminal Law, Florida

Answers:

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

Answered 8 years ago | Contributor

Okay.  You are correct that under Florida Law the subpoena is to be served personally upon you.  If it was not then technically you have not been notified.  However, all the other information that you wrote here has me thinking that the court thinks otherwise.  So unless you do something affirmative - called quashing the subpoena or at the very least having an attorney call on your behalf - you will be held in contempt of court for not showing.  Pleas eget help.  It will ease your anxiety.  Good luck.  


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