What do I do if I can’t afford to make out of state court appearance to give a statement in a case that I was a witness in?

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What do I do if I can’t afford to make out of state court appearance to give a statement in a case that I was a witness in?

I am only 18 years old and still a student. I was on vacation in another state when a drunk driver crashed in front of me while I was walking.

Asked on July 24, 2015 under Accident Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A witnesses may be eligible for compensation for certain travel expenses. Ask the lawyer who subpoenaed you. Make sure you keep receipts for all of your expenses so that you can be reimbursed if appropriate. Additionally,a witness is also usually entitled for a small daily allowance.

If you have a good reason not to be a witness (i.e. it would cause undue hardship to travel to the court or you believe that don't have any relevant information relating to the case, you can ask the judge to cancel the subpoena (you can do this by calling the courthouse listed on the subpoena and explain that you want to ask a judge to cancel the subpoena; they will direct you accordingly). If the judge doesn't cancel the subpoena, then you are legally obligated to attend court on the p;ace and time specified or face possible charges of contempt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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