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OT Lawyers: Subpoena(s)

Posted on 2/22/16 at 8:58 am
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 8:58 am
If you're a cooperating witness, does the Court still have to serve you with a subpoena at 6-7am?




Eff drunk drivers, BTW.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134845 posts
Posted on 2/22/16 at 8:59 am to
Was this from the causeway incident?
Posted by PAGator
Member since Jul 2015
2339 posts
Posted on 2/22/16 at 9:00 am to
quote:

does the Court still have to serve you with a subpoena at 6-7am?


People are most likely to be home at this time
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:08 am to
This is from my daughter getting hit by a DD previously.

Mine hasn't been sent for trial yet.

What a damn mess...
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:08 am to
Well, yeah.
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 2/22/16 at 9:11 am to
Were you awakened? Aww
Posted by PAGator
Member since Jul 2015
2339 posts
Posted on 2/22/16 at 9:12 am to
That would be up to the attorneys. Blame them, but it's pretty reasonable to do so if they want to be certain to get to you.

Kind of a dick move (assuming it's defense doing it), but not unusual
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89481 posts
Posted on 2/22/16 at 9:12 am to
quote:

If you're a cooperating witness, does the Court still have to serve you with a subpoena at 6-7am?


Whoever is serving the subpoenas (usually the sheriff - in some cases city police or marshal) - they hand out a huge stack of those things and the guy sorts them in a way that makes geographic sense. They also try to serve them before 8ish and after 5ish, to maximize the possibility of at least someone being home.

ETA: And as a matter of practice, typically a subpoena is going to be issued for non-party witnesses because in the event of a witness FTA - the attorney who wants to call that witness has an excuse for the judge - "Your honor, we issued a subpoena and the witness chose to ignore it."

If no subpoena, the judge usually cuts that attorney no slack.
This post was edited on 2/22/16 at 9:15 am
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:14 am to
No, I get that part of it. (earlier, catches people home).

The Court also pays for this, so why do it if I'm gonna show?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89481 posts
Posted on 2/22/16 at 9:16 am to
quote:

The Court also pays for this, so why do it if I'm gonna show?


What if you don't?
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:19 am to
The first time, yeah. 6:15 on a Friday morning. I didn't realize what was going on, I thought something happened to my daughter.

Tore up cars, medical bills, dealing with a-hole insurance companies isn't enough inconvenience from getting hit by drunk drivers?
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:19 am to
Oh, I'n gonna. I want to see that little frick.
Posted by PAGator
Member since Jul 2015
2339 posts
Posted on 2/22/16 at 9:22 am to
Is this civil or criminal? I'm guessing criminal from what I've read (thought it was civil at first)
Posted by Pax Regis
Alabama
Member since Sep 2007
12926 posts
Posted on 2/22/16 at 9:22 am to
For every person who would voluntarily show up without a subpoena there are ten that will say "screw this I don't have to go so I'm not." Hence why you got a subpoena. And as stated deputies serve these early to catch you at home.

It just is what it is.
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:24 am to
Criminal.

BR is prosecuting the DD that hit her and I guess St Tammany is gonna prosecute the guy that hit me.

I thought there might be a way to for me say, "Look, I'll be there" or whatever, but maybe not.
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:25 am to
quote:

It just is what it is.


Seemingly.
Posted by PAGator
Member since Jul 2015
2339 posts
Posted on 2/22/16 at 9:26 am to
Best wishes to you and your daughter

Yeah, it doesn't make as much sense then, since they have your contact info. But like someone said, it's almost like mail delivery in a city the size of Baton Rouge. You can't really control when it's served
Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 2/22/16 at 9:35 am to
Do you live >25 miles from the courthouse?
Posted by VetteGuy
Member since Feb 2008
28084 posts
Posted on 2/22/16 at 9:36 am to
No.
Posted by rumproast
Member since Dec 2003
12093 posts
Posted on 2/22/16 at 9:38 am to
Even if you are a cooperative witness, shite happens. You could blow a tire on the way to the courthouse...your cousin could die.....all kinds of reasons that you could be unable to make court. If there is a subpoena, then the attorney basically gets a continuance if you don't show up. So, to be safe, most lawyers subpoena all witnesses to trial. (And the lawyers don't control when the sheriff decides to serve subpoenas. I suspect that he got there at 7 a.m. because he knew you'd be home and not ducking service.)
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