What are your options when served a Civil Subpoena?

UPDATED: Jun 11, 2009

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What are your options when served a Civil Subpoena?

My son witnessed a fatal car accident two years ago. Last year he was subpoenaed & gave a deposition while being self employed. A couple of months ago he accepted a position with a company that is very busy and he has difficulty getting time off work. Last evening he was served a civil subpoena to show-up in court in a couple of weeks, in another city as a witness to the accident. He does not want to ask his employer for time off. Does he have any legal options to showing up in court as a witness?

Asked on June 11, 2009 under Accident Law, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice civil litigation. If your son was subpoenaed to court he has an obligation to go or he can be arrested an dbrought to court.  An employer should not penalize your son becasue he has no choice in the matter.  On the other hand the employer can fire him if he really wants as he is an at will employee.  However, the boss needs to be a little understanding here and not penalize your son.

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