I received a subpoena this saturday to appear as a witness for a personal injury trial from March 6-10. About 6 years ago, I was drinking with some friends at falcon ridge, when the deck of a neighboring townhouse who was having a party collapsed.

So, I posted this on TWW sometime back, recounting the story. The chick who is suing saw it on TWW, pm'd me, and like a dumbass, I thought I'd be nice and tell her lawyers what I saw when she asked. So her lawyer contacted me in early january to ask me some questions. Being that it was a combination of intoxication and being an event that happened 6 years ago, all I really remember was that the deck fell. Most of the questions that the lawyer asked me I was unable to recall. I had not heard anything about it since then and assumed that I was probably not a very good witness, and forgot about it.

So saturday, I received a subpoena to appear in court. The letter even states that they will likely not even need me, but sent the subpoena "just in case." Normally, this would not be much of a problem, but my wife and I have scheduled a vacation that week, and have already paid for it in full. It is not refundable, so I really don't want to be out nearly $2000.

Has anyone had experience with this type of thing? Do I have any recourse to get out of this? I'm going to call the lawyer later, but want to know as much as possible before talking to him/her.

Sorry for the lengthy post, but any info is appreciated.

2/20/2006 9:37:28 AM

more than likely the lawyer will let you go

either that or he pays you for your expense/loss if he thinks you're a good enough witness to have to be there

2/20/2006 9:48:30 AM

dude you need some James Scot Farrin!

2/20/2006 9:50:46 AM

ignore it. nothing will happen.

2/20/2006 9:51:19 AM

yeah I'll definitely take the advice of a druggie.

2/20/2006 9:52:50 AM

contact the attorney, notify him of the circumstances, and ask if you can submit a written/dictated testimony.

2/20/2006 9:59:26 AM

^ yeah, from what i've heard from coworkers as well, an affidavit is usually sufficient.

2/20/2006 10:06:42 AM

basically you get out of this the same way you get out of turning in hw or getting out of jury duty

[Edited on February 20, 2006 at 10:09 AM. Reason : .]

2/20/2006 10:09:04 AM

hahaha....did this happen at jeremy benton's place??? (assuming you would know the person living in the townhouse)

2/20/2006 10:09:34 AM

i don't think its something you're going to be able to do on your own. if i were you, i would try to get HER lawyer on the phone today and explain to him whats happening, and that you would be much more willing to cooperate if he worked with you...

you can be fined for not complying, and i'm thinking you can also be sued...

gimme a minute, and i'll pm you the number of a great lawyer. he used to be my defense atty, but he works for the dept of justice now. tell him we are friends and see if he has time to talk to you for a minute. if he doesnt have time to help, i think he would at least refer you to someone who would talk to you about your options.

2/20/2006 10:11:19 AM

nah, it was the place of another buddy of mine, whom I conveniently forgot about when pressed by said lawyer. No sense in ruining other people's weeks.

2/20/2006 10:12:20 AM

well definitely let us know what you find out. i'd never thought about this kind of situation before and i'm curious as to how it plays out.

2/20/2006 10:46:14 AM

yeah, same here
i would like to know this for future ref. if needed

2/20/2006 10:50:34 AM

If you're subpoenaed, you'll be able to get your vacation money back. You have protection similar to what you would have for jury duty. Speak to the clerk of courts' office and they can give you the details. Suboenas are pretty hard to dodge. If they weren't they wouldn't serve much of a purpose. Ignoring a subpoena will get you slaped with contempt of court. Then you'll be arrested and sent to jail until they feel like letting you out. That's nowhere near as fun as a vacation.

2/20/2006 12:01:01 PM

hahahaha...hey bobby i was at that party and i remember that chick being wedged in between the house and the fallen deck. if i hadn't seen some of my friends their just before the deck fell i would have been underneath it taking a piss when i came crashing down. weird night for me b/c i felt like i could have easily died that night.

2/20/2006 4:46:51 PM

Who the fuck are they trying to sue? Themselves for being dumbasses or some poor ass carpenter that built a fine deck?

2/20/2006 5:15:46 PM

Quote :

"The chick who is suing saw it on TWW, pm'd me, and like a dumbass, I thought I'd be nice and tell her lawyers what I saw when she asked."

haha. it's amazing what a little patch of hair can make a man do.

2/20/2006 6:06:37 PM

Quote :

"I thought I'd be nice"

^ (where you fucked up)

2/20/2006 6:10:48 PM

When is the trial taking place?

It's pretty common practice for PI attys to send out subpoenas to world+dog. They also usually go out well before the trial, so there's a good chance the case could settle before then.

If it does go to trial, the likelihood of you being called is slim -- especially if you don't really remember anything, since you'd be torn up on cross by the defense. and that's on the assumption the case isn't continued b/c it's too far down the court's calendar

at any rate you need to talk w/ her lawyer. you could try to go the sworn affidavit route but I'd wait to see if it's a necessity first.

[Edited on February 20, 2006 at 7:24 PM. Reason : more]

2/20/2006 7:23:52 PM

i mean, if they make you miss a $2000 vacation, you should phrase your answers in such a wy that it makes their case look worse.

tell them that you've already contacted the defense lawyers and are working with them - so they're free to subpoena you, but it might not help them that much

[Edited on February 20, 2006 at 8:45 PM. Reason : s]

2/20/2006 8:44:34 PM

I remember that party. I was walking up the road when the ambulances had gotten there and left shortly after.

2/20/2006 8:50:57 PM

just tell them that whole month was a drug induced haze for you and that you dont remember anything then your gonna be inadmissable and they will tell you to fuck off

2/20/2006 10:53:29 PM

^ then they get him with perjury

he's already told them he remembers stuff and told them what he remembers. a little late to feign amnesia.

the best bet is to tell them that if they force you to miss $2000 vacation, you're going to work with the defense

2/21/2006 10:32:44 AM

Update:

I spoke with the girl's lawyer, and he was actually very accommodating, and my testimony, (which is worthless in my opinion) will occur by deposition next week, so no conflict. I didn't expect that from a personal injury lawyer.

Thanks for the replies.

2/21/2006 11:42:05 AM

EVERYONE WINS!!

2/21/2006 12:05:09 PM

Quote :

"BobbyDigital: I didn't expect that from a personal injury lawyer."

why is that? the PI lawyers bend over backwards more than anyone else trying to make that $texas, it's the defense that are hardasses

2/21/2006 12:21:56 PM

just b/c my perception is that they're all sleazeballs, whether that's actually true or not.

2/21/2006 12:28:56 PM

@ Maugan: thanks a lot! you just made me LOL in the middle of the library. gosh!

2/21/2006 1:03:17 PM

Quote :

"of my friends their just before the deck fell i would have been underneath it taking a piss when i came crashing down. weird night for me b/c i felt like i could have easily died that night."

I was going to post that. I remember that distinctly. I'm really glad it didn't fall on you.

Were you actually served w/ the subpoena, or did it just come in the mail. I'm no legal person, but wouldn't that technically make a difference? Good luck w/ the subpoena.

2/21/2006 3:31:13 PM

most of the time if you mail a subpoena it's going to be certified with a receipt so they will know you got it...or a sheriff delivers

2/21/2006 4:04:59 PM

hey i remember when this happened. wow that was 6 years ago?

2/21/2006 5:35:43 PM

I nominate myself for moderator of Tech Talk in BD's absence.

I claim total ignorance when asking this: Isn't there some sort of time frame in which they had to file?

2/21/2006 5:57:26 PM

it happened fall of '01 i believe.

and it was filed early on but these things take time apparently.

2/21/2006 6:32:54 PM

technically ignoring a subpoena can get you contempt of court. in reality this doesn't happen unless the case has been continued on and on for years and the judge gets pissed.

2/21/2006 6:40:29 PM

I missed a subpoena once and didn't get in any trouble.

I just called the d.a. and said "look sucka you gotta give me more notice next time." And a wakeup call wouldn't hurt either bitch.

2/21/2006 6:51:44 PM