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07/08/2011 01:38:07 PM · #1 |
i have been subpoenaed to court as a witness for the state in municipal court. i will be on vacation out of the state on the date of the case.
i know i need to write a letter to the judge but what do i ask him? a postponement? and excusal? not sure how to close my letter. |
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07/08/2011 01:54:58 PM · #2 |
Offer dates where you can give a deposition. If your testimony is largely technical it is often enough.
Vacations are often not looked upon kindly, while business trips are respected. If you are doing any work on the trip, couch it in those terms (and have documentation). Courts will give leeway to let you earn a living, but don't mind wasting the money you spent to arrange a vacation. Your testimony is going to serve one side or the other; one lawyer wants your testimony, the other does not. Talk to the lawyer who will be calling you to the stand, he wants you happy, the judge and other lawyer don't care. |
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07/08/2011 02:06:46 PM · #3 |
im not sure who the lawyers are, or if there are any, i imagine the a-hole driver who caused the accident is fighting a boat load of tickets and i'm the states witness.
here is what i have, i dont want to lie, but im going to be 3hrs away to have to appear in court at 8:30 am.
I have been subpoenaed to your court as a witness for the state in the case of State vs Bxxxx, Complaint No. xxxxxxx.
I am more than willing to comply with the order, unfortunately I will be out of the state on a previously planned vacation for the entire week encompassing the date of the case (August 23, 2011).
Please advise on what my options are.
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07/08/2011 02:11:39 PM · #4 |
Originally posted by mike_311: im not sure who the lawyers are, or if there are any, i imagine the a-hole driver who caused the accident is fighting a boat load of tickets and i'm the states witness.
here is what i have, i dont want to lie, but im going to be 3hrs away to have to appear in court at 8:30 am.
I have been subpoenaed to your court as a witness for the state in the case of State vs Bxxxx, Complaint No. xxxxxxx.
I am more than willing to comply with the order, unfortunately I will be out of the state on a previously planned vacation for the entire week encompassing the date of the case (August 23, 2011).
Please advise on what my options are. |
This is NJ Mike, they're going to tell you your options are to show up or have a warrant issued for your arrest. LOL! I'd call the prosecutor's office (there should be a number on the subpoena). |
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07/08/2011 02:16:46 PM · #5 |
I've been subpoenaed a few times and if you tell them you're going on vacation, they'll probably expect you to take your vacation on the stand. Your best bet is to call the prosecutor, explain your situation but also be prepared to cancel or change your vacation plans. |
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07/08/2011 02:17:39 PM · #6 |
i already called, they told me to write a letter to the judge.
I cant imagine them making me drive all the way up from my vacation house in Maryland for this dope to trying to fight tickets, besides my carpool buddy probably got the same subpoena since he was there too.
if they do im embellishing how bad he was driving.
Message edited by author 2011-07-08 14:18:02. |
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07/08/2011 02:23:22 PM · #7 |
Originally posted by Kelli: This is NJ Mike, they're going to tell you your options are to show up or have a warrant issued for your arrest. LOL! |
If you tell them where you'll be staying, you should be able to catch a ride from your vacation spot to court in a police cruiser. ;-)
You might have to arrange your own transportation back (and bail) though ... :-( |
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07/08/2011 02:28:19 PM · #8 |
Originally posted by mike_311: i already called, they told me to write a letter to the judge.
I cant imagine them making me drive all the way up from my vacation house in Maryland for this dope to trying to fight tickets, besides my carpool buddy probably got the same subpoena since he was there too.
if they do im embellishing how bad he was driving. |
The sad part is if the officer involved doesn't show up (even if you do), they will dismiss the charges.
Tim
Message edited by author 2011-07-08 14:28:37. |
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07/08/2011 02:28:41 PM · #9 |
this is the last time i stop for an accident. i thought i was being nice. |
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07/08/2011 02:30:19 PM · #10 |
I once got a subpoena from Los Angeles after moving to Michigan as a witness to a robbery (I just saw the guy running out of the store holding a bag and his gun) and the prosecutor was quite persistent about my appearance. I had to explain in writing to the judge that:
- I had indeed relocated and wasn't on vacation.
- Returning to California for the trial would be a documented financial hardship. (I was a poor college student at the time)
I wound up having to go to a local attorney and recording a statement about what I saw and answer some questions.
I doubt that making you drive 3 hr will be considered a hardship, but they might be nice. |
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