What’s a witness subpoena?

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A subpoena is a subpoena that legally requires an individual to appear in court to provide evidence or testimony. Subpoenas are often issued in cases where a witness will not voluntarily come forward to testify. The legal process involved in serving a subpoena may vary depending on local laws. It is important to ensure that the summons is served legally, otherwise the witness may be fired or his evidence and testimony may be rendered inadmissible.

A subpoena, or summons of witnesses, must be approved by the court, usually through the clerk. Attorneys or lead members of the case, such as the defendant, may submit a witness list for approval. The clerk then fills out a summons form which must be served on the witness. A witness subpoena will typically state the date and time of the witness’s ordered appearance; failure to appear can result in legal penalties such as fines or even jail time.

If a trial is postponed or delayed, the witness may be given an alternate appearance date. Even though the date has changed, the witness is still in legal order to appear when required. In some courts, witnesses may charge a witness fee to cover loss of income and travel expenses. The amount of the witness fee varies widely between jurisdictions.

A witness subpoena is often served by an attorney directly on the witness, although some attorneys prefer to hire a service to release documents to witnesses. In small claims court or in cases where an individual represents himself or herself before the court, anyone can issue an approved witness subpoena, except the defendant or the accuser. In these cases, some legal experts recommend bringing along a law enforcement officer or attorney to ensure proper practices are followed.

If a subpoena is approved for a minor, the writ must be served on the minor’s parent, guardian, or other responsible adult. In this case, the person served is generally responsible for ensuring that the minor appears in court at the specified time. If the minor is not brought to court in accordance with the subpoena, the guardian may be held in contempt and charged.

Receiving a subpoena does not mean that the witness is accused or suspected of a crime. It simply requires an individual with pertinent information to speak to the court. Of course, if during the trial a witness is believed to have committed or assisted in committing a crime, a complaint can be filed. If a witness receives a subpoena and believes her testimony could lead to charges, many legal experts recommend hiring an attorney immediately.

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