Have you ever been subpoenaed?

[minendo]

I'm not wanting to get involved with this upcoming lawsuit, but it appears as though I am going to be subpoenaed by both the prosecution and defense. Is that legal? If so, what ramifications do I face?

 

[jlee]

Yes I have.

It's a legal order to appear in court..so yes, it's legal.

 

[KLin]

I don't think it matters who subpoenas you. They'll both get to ask you questions on the stand anyways.

 

[minendo]

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

 

[paulney]

Who offers more money for your testimony?

 

[KLin]

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Which is why cross examination is important.

 

[KLin]

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

Are you worried your job would be put at stake because of what you say on the stand?

 

[FelixDeCat]

Nope. Nobody wants my testimony.

 

[Safeway]

Originally posted by: KLin

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

Are you worried your job would be put at stake because of what you say on the stand?

Yea, that could suck for you.

All I can say is, tell the whole truth and nothing but the truth. If your employer fires you, sue them for improper termination.

 

[drdops]

I witnessed a drunk driver run a red light and crash into a young woman's car a few years ago.

I was subpoenaed, but was living outside the US at that point... I just ignored it and never heard anything else.

 

[minendo]

Originally posted by: KLin

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

Are you worried your job would be put at stake because of what you say on the stand?

My current job has nothing to do with it. However, depending on the actual lawsuit I could be entitled to a settlement.

 

[jlee]

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

I'm guessing that you are a witness to an incident, not the plaintiff nor defendant. I'm not sure what exactly the problem is - you're being brought as a witness, not getting put on trial.

 

[Brainonska511]

Just answer the questions they ask, add nothing extraneous. What else is there to do or worry about?

 

[RaistlinZ]

Originally posted by: Brainonska511
Just answer the questions they ask, add nothing extraneous. What else is there to do or worry about?

Ditto. Unless you have done something wrong and are afraid it will surface in the questioning you have nothing to worry about.

 

[DayLaPaul]

One, two, three, fo', FIF!

 

[JEDIYoda]

Originally posted by: paulney
Who offers more money for your testimony?

money is hardly ever involved at all.
niether side has to pay for your testimony.
If you refuse tom testify you could be in contempt of court!

 

[orakle]

Originally posted by: minendo
My current job has nothing to do with it. However, depending on the actual lawsuit I could be entitled to a settlement.

Could you claim that that's a conflict of interest for you and get out of testifying that way?

 

[911paramedic]

I got one for being the treating paramedic on an attempted murder call I ran. Showed up at work and it was in my mailbox, but that wasn't uncommon for us to get them.

I also used to be the one serving them back in the late 80's, quite an interesting job sometimes...

 

[darkxshade]

I've never been involved with a case so what I know is what I see on TV which isn't always exactly true. So with that said, I thought a person can refuse to become a witness in a case? Or is this only if he/she feel her life is in danger as a result? Like if I witnessed a mob hit and don't wanna get wacked.

 

[GagHalfrunt]

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

So? One will phrase things a certain way to elicit the answers they want and the other will phrase differently or ask different questions to elicit the answers they want. I.E.

Prosecution: Did you see the car slam into the pedestrian? Yes.
P: Was it a red Buick? Yes.
P: Was the driver a young male? Yes

No further questions

Defense: Was the young male over 6' or under 6'? I don't know.
D: Over or under 200 pounds? I don't know.
D: Any distinguishing scars or tattoos? I don't know.
D: Can you positively be sure it was my client at the wheel? No.

No further questions

Redirect

P: But the driver you saw matched the physical appearance of the defendant? Yes

No further questions

They both get what they want. The prosecution gets a witness that possibly places the defendant at the wheel, the defense establishes that it's not 100% certain. The jury decides which piece of evidence to believe. You just tell the truth, what happens after that isn't your problem.

 

[BeauJangles]

Originally posted by: darkxshade
I've never been involved with a case so what I know is what I see on TV which isn't always exactly true. So with that said, I thought a person can refuse to become a witness in a case? Or is this only if he/she feel her life is in danger as a result? Like if I witnessed a mob hit and don't wanna get wacked.

No, the point of a subpoena is to force you to testify under penalty if you do not. If you witness a mob shooting and don't want to get involved, you don't say shit to the police. If you do and then they subpoena you, you're fucked.

 

[K1052]

not yet but it's bound to happen one of these days

 

[buck]

Originally posted by: minendo

Originally posted by: KLin

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

Let me phrase that better: both will question me on things, but both have different motives. It involves work related incidents that are sketchy at most. Do I need to lawyer up in my best interest?

Are you worried your job would be put at stake because of what you say on the stand?

My current job has nothing to do with it. However, depending on the actual lawsuit I could be entitled to a settlement.

In that case it would make sense to at very least talk to legal counsel.

 

[Dumac]

I haven't, but my boss is at least once a week...

 

[Taughnter]

Originally posted by: GagHalfrunt

Originally posted by: minendo

Originally posted by: JLee
Yes I have.

It's a legal order to appear in court..so yes, it's legal.

That I understand. However, the prosecution and defense are both after different testimonies.

So? One will phrase things a certain way to elicit the answers they want and the other will phrase differently or ask different questions to elicit the answers they want. I.E.

Prosecution: Did you see the car slam into the pedestrian? Yes.
P: Was it a red Buick? Yes.
P: Was the driver a young male? Yes

No further questions

Defense: Was the young male over 6' or under 6'? I don't know.
D: Over or under 200 pounds? I don't know.
D: Any distinguishing scars or tattoos? I don't know.
D: Can you positively be sure it was my client at the wheel? No.

No further questions

Redirect

P: But the driver you saw matched the physical appearance of the defendant? Yes

No further questions

They both get what they want. The prosecution gets a witness that possibly places the defendant at the wheel, the defense establishes that it's not 100% certain. The jury decides which piece of evidence to believe. You just tell the truth, what happens after that isn't your problem.

Actually, the situation you described would only require one subpoena, from the Plaintiff. Generally, a cross-examination is limited to questions about the facts revealed in direct examination. If you want to ask about anything else, you'd have to call the witness yourself for a direct examination. I'd offer an example, but I can't think of one off the top of my head that wouldn't be confusing. If you look up "going beyond the scope of direct" you can get some info about this.