What is my right not to appear when subpoenaed?
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What is my right not to appear when subpoenaed?
I received a subpoena to appear in court to give evidence in an action about an equal rights issue; I would be supporting the respondent. I have not worked at the company in 18 months and am not able to attend. I contacted the attorney and explained I could not attend. He asked why and I told him it was personal. He said he would talk with his colleagues and get back to me. What, if anything, do I need to do? I communicated the day after I received the subpoena, have I resolved my responsibility?
Asked on August 9, 2012 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you have not resolved your responsibility. People may NOT avoid a subpoena simply for "personal" reasons. If the attorney does not voluntarily excuse you, you will have to attend, unless you contact the judge in the case and convince him/her that you have a good reason for not attending.
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