What to do if you receive a subpoena, but you can’t go?
The question is-what is the reason that you “can’t go?”
A subpoena is a court order requiring you to appear (click here for more information). If you have a good enough reason to be absent, follow these steps to ensure you don’t get in trouble:
- Carefully read the papers you were served with for there is an attached document about your rights as a witness.
- On the attached document, it explains who you should call/contact if you can’t appear.
- Some states include an “objection” form, which can be used to explain how the subpoena places a burden on you.
- Call the HOA’s lawyer to see if he or she will help you get it worked out.
- Send another email to plaintiff’s lawyer, explaining that you will be absent, and that you would be happy to reschedule.
In case of doubt, contact your lawyer or the judge on the matter, and advise him/her if the reason is a good one. However, it is the party that issued you the timely subpoena that are entitled and require you to come at a later date without further costs, if you are a necessary witness. You may also call the attorney for the party who issued the subpoena, and depending on the reason for your absence, they may only require your deposition.
For You, The Client
Google [state] + Notice to Person Served with Subpoena, and its variants, if you don’t already have an objection form.
In need of a MOTION TO QUASH SUBPOENA DUCES TECUM? We got you covered!