If I got a subpoena to go to court as a witness to an accident, do I have to go if the subpoena was improperly served? .

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I got a subpoena to go to court as a witness to an accident, do I have to go if the subpoena was improperly served? .

They left the supeona on my door and did not personally give it to me.

Asked on April 1, 2017 under Criminal Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are advised to appear for the testimony. While you are technically right in that they are not suppposed to simply leave the subpoena unless you first refused to take it, the overarching requirement is that the subpoena be served in a way reasonably calculated to reach the person being subpoenaed--which it did. It is certainly possible that since you clearly did get the subpoena, that a court would conclude that service on you was therefore adequate. Even if a court did not rule that, they would like adjourn or continue the case, if you are an important witness, so you can be reserved. In short, you are unlikely to avoid testifying on this ground; at most, you will likely simply delay matters somewhat.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption