What's a subpoena, anyway? - Striper Talk Striped Bass Fishing, Surfcasting, Boating

Jimbo · 05-20-2008, 10:45 AM

About six months back my wife was an eye witness to a car accident and thought she'd do her civic duty and hung (for an hour) around to tell the police officer what she saw. The same day she was contacted and got a tongue lashing by the guy who caused the accident. Then the lawyer for the person who was hit called and asked if she'd appear in court and she explained she suffers from anxiety attacks and would rather not, also that she can't tell anything more than what she said in the report. Just over a week ago she received a subpoena from the lawyer, whom she's tried repeatedly to contact him and he has not returned her calls. She's called the court and they didn't have any record of her being listed as a witness. The subpoena had the docket number typed wrong, it also said the driver of the car causing the accident was a woman when my wife is positive it was the man, (and this one's mine, instead of Esquire after the lawyer's name it was typed Equire (maybe that means he's a horse lawyer, I don't know). The subpoena says if you don't appear you will be subject to a fine or penalty. So how official are these things, anyway. Do we really have to go to night court tonight? Could we just say there were too many mistakes in the subpoena so we tossed it out? It's going to be cold and nasty out and I don't want to miss Deadliest Catch.

Rick Ackley · 05-20-2008, 11:13 AM

Dictionary says:
Definition:
legal order demanding evidence: a written legal order summoning a witness or requiring evidence to be submitted to a court or similar deliberative body.
Seems pretty official to me. JMO.

justplugit · 05-20-2008, 11:21 AM

Jim,call your family lawyer and run it by him.

Mike P · 05-20-2008, 02:57 PM

Well, for starters, was it signed by a lawyer, or by a judge? That there makes a huge difference in the consequences for ignoring it.

Secondly--is there any proof of service? Was it delivered in-hand by someone authorized to serve process? Was it delivered by certified mail? Or did it just come by regular first class mail?

Adam_777 · 05-20-2008, 03:08 PM

Yeah I wouldn't wanna miss deadliest catch either.Sig is looking pissed and the waves are getting bigger.Good luck with the whole court BS thing.

Jimbo · 05-20-2008, 03:14 PM

It came by regular mail, but this just keeps getting more and more bizarre. My wife contacted the court this morning who had no record of her being a witness, but from the docket number determined it weas the case she's involved in. So then she calls the lawyer again and says if she doesn't hear back she might not show up. Two minutes later the lawyer calls back. OK, we gotta go tonight but he'll try to get it over quickly. (We got the whole family plus a boyfriend going for moral support. Wife's popping anxiety pills like Pez). She gets home from work and there's a message from the municipal court (that had no record of her being involved) that the hearing is postponed. That message was left about the time she was on the phone with them from work.

wheresmy50 · 05-20-2008, 07:54 PM

This has to win best thread title. Maybe it's just my twisted sense of humor.

The situation doesn't seem like any fun though - good luck to your wife. No good deed goes unpunished.

thortum · 05-20-2008, 08:57 PM

I would go just to make sure that the SOB that caused all your wife's problems gets what he deserves. I would also let the court know that the SOB called your wife to harass her. I'd consider that a THREAT!!!!!!!!

FishermanTim · 05-21-2008, 10:50 AM

That's called "Witness Tampering" and it's a major issue. I'd bring that up with your attorney, and make sure it's addressed in court when you go.

It would be a real gem if you had recorded the phone call made by the driver that caused the accident. That would really put his butt on the burner.

tlapinski · 05-21-2008, 05:01 PM

2 years ago I witnessed a man crossing a road get hit and killed by an oncoming car. I filled out the report for the officers that showed up and was contacted a few days later by an insurance company involved. Initially I said I would speak to them, but wanted to talk to my lawyer first. As I work for a pretty big law firm in CT, I sought the advice of one of the partners that used to handle a lot of personal injury work. Basically, it was at my discretion if I spoke to anyone further. I never received any notice from anyone after I called the insurance guy back and cancelled. I can see what more I can find out as far as your liability at this point, but Mike's question regarding how you were served is a good point. If it was not "proper" service, you may be clear.

As an aside, I am not surprised the court had things somewhat wrong. I know as far as CT goes, the courts employ some of the biggest morons the general public has to offer.