If a summons is mislabeled am I still obligated to show up to court?
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If a summons is mislabeled am I still obligated to show up to court?
I’m not sure if i chose the proper legal topic, but I received a summons to
appear in court tomorrow2/26/16 as a witness. Now, I know this summons is meant
for me because I was the only person thereaside from the two people being tried
however the summons has my father’sdeceased name on it, not mine.We have the
same name however he is Jr.which is what the summons says and I am III
Asked on February 25, 2016 under Criminal Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If it is clear as to who was intended to receive this summons, then you are legally obligated to comply and appear in court. A minor typo of this nature would not invalidate such a legal document. If this "summons" is in fact a subpeona, that is an rder to appear and you can beheld in conetmpt of court if you do not (as well as face a fine and possible jailtime).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you are obligated to appear, because a typo does not invalidate legal documents or legal process when it is clear who is intended. If you are the only person there "aside from the 2 people being tried" and your father is deceased, so it can't possibly be him, then it is clear that you are the person intended.
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