What do you do when a subpoenaed witness can't attend your trial? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: I served the otherwise cooperative witness a subpoena, but she says she can't make it to court. This is for a battery case, and this witness can prove I was acting in self defense. She has been otherwise cooperative and has agreed to come testify on my behalf, I subpoenaed her as well. I let her know that the trial would be this week two weeks prior, now that it is trial week she says she has to go out of town and has already spent 800$ on tickets, hotels etc. I have offered to reimburse her if she showed the receipts but she won't respond. Jury selection has already occurred and I don't see the judge allowing another continuance. I have a PD but she's busy and usually takes days to return my calls. Any advice?
Answered . Go to the PD's office with copies of your witnesses travel itinerary and do not leave until someone from that office takes the information from you and agrees to file an emergency request for a continuance.
Then follow up your visit and agreement with an email to the PD citing the time, date and name of the person with whom you spoke and to whom you delivered the documents.
Then hope that they do their job and file the motion (and that the Court grants it). In the event that they do not follow through then bring a copy of the email to Court on your trial date so that you can prove to the Judge that you did all in your power to responsibly bring the matter up in a timely fashion.
BTW - When you say that "you subpoenaed" I assume that you mean that your PD did so. If not, and if you took this upon yourself, then this plan that I've outlined will be significantly weaker. If you did it then don't do it again. You have as much business playing lawyer as I do playing space shuttle pilot.
I hope that I have been helpful in answering your question.
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