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Need Help/info: I've Been Subpoenaed!  
User currently offlineTranspac787 From United States of America, joined Jul 2007, 3208 posts, RR: 13
Posted (6 years 1 month 1 week 3 days 4 hours ago) and read 3711 times:

Hey all,

I suppose the lawyers/court wouldn't look too kindly on it if I gave many/any details, but I've been subpoenaed to testify as a witness in a federal criminal case. Suffice to say, this is my first (and hopefully only!) time doing this type of thing. I've spoken with the lawyers on the phone a few times and they say they do not yet know when they're going to call me to testify, so my question is this:

Since it is a federal case I'll be testifying in, is my employer required to give me the day off, similar to jury duty??

I already asked my boss and he gave me a quick and asshole response of "No, you need to trade your shift off". I'm hoping this isn't the case because it's somewhat hard for me to arrange last-minute trades at work.

Anyhow, any info and input would be MUCH appreciated!!

22 replies: All unread, jump to last
 
User currently offlineCzbbflier From Canada, joined Jul 2006, 973 posts, RR: 2
Reply 1, posted (6 years 1 month 1 week 3 days 3 hours ago) and read 3689 times:

I am no lawyer but I'd say that your employer has no choice. It's not even your problem. You won't get paid for the day off like jury duty but as far as I'm concerned, you can tell your boss to stuff his demand for a shift trade where the sun don't shine.

Cheers!
Brian


User currently offlineConfuscius From United States of America, joined Aug 2001, 3863 posts, RR: 1
Reply 2, posted (6 years 1 month 1 week 3 days 1 hour ago) and read 3641 times:

Just ignore it and claim executive privilege.


Ain't I a stinker?
User currently offlineUSFlyer MSP From United States of America, joined May 2000, 2124 posts, RR: 0
Reply 3, posted (6 years 1 month 1 week 2 days 23 hours ago) and read 3617 times:

It depends on your state. Some states have no law about this. Others require that your employer gives you the day off without pay and you can ask the entity that you are testifying for for a stipend and mileage reimbursement. Call your Attorney General or the Court for the best info.

User currently offlineMadameConcorde From San Marino, joined Feb 2007, 10895 posts, RR: 37
Reply 4, posted (6 years 1 month 1 week 2 days 23 hours ago) and read 3611 times:

What does "subpoena" mean? My English judicial vocabulary is not very good.

Thanks in advance for explaining and best of luck to the A.netter who posted the topic. I hope you will find what you need.



There was a better way to fly it was called Concorde
User currently offlineElite From Hong Kong, joined Jun 2006, 2798 posts, RR: 10
Reply 5, posted (6 years 1 month 1 week 2 days 23 hours ago) and read 3611 times:



Quoting MadameConcorde (Reply 4):
What does "subpoena" mean? My English judicial vocabulary is not very good.

I'm no lawyer, but that means a court has ordered you to testify and you must testify otherwise you will face being punished.


User currently offlineMadameConcorde From San Marino, joined Feb 2007, 10895 posts, RR: 37
Reply 6, posted (6 years 1 month 1 week 2 days 23 hours ago) and read 3604 times:

Thank you very much for your answer, Elite.  Smile
Everything is clear now.



There was a better way to fly it was called Concorde
User currently offlineKLASM83 From United States of America, joined Aug 2005, 630 posts, RR: 0
Reply 7, posted (6 years 1 month 1 week 2 days 23 hours ago) and read 3601 times:

To the OP, good luck in court! Generally, as previously stated it's more advantageous to go to court than to work on that day . I did find here, in section "C" subparagraph 1, that basically says that the party that issued you the subpoena must take steps as to make it so you do not have undue expense or burden. Perhaps if the original date does not work out, you all can work out another day to have your brain picked under oath

I do not have much law experience, (moot/mock/youth court- does it count?), but yes it can be a scary thing, to be subpoenaed (its not a terribly bad thing and you get insight into our court system!) but at least you're not the defendant!

Again, best of luck!!
Oh, and the court cafeterias aren't too bad these days, either


EDIT: I always make tyops, lol, and removing asked and answered material

[Edited 2008-08-09 02:00:49]


Don't you want to hang out and waste your life with us?
User currently offlineJAGflyer From Canada, joined Aug 2004, 3527 posts, RR: 4
Reply 8, posted (6 years 1 month 1 week 2 days 17 hours ago) and read 3518 times:



Quoting Czbbflier (Reply 1):

Not if you want to keep your job!



Support the beer and soda can industry, recycle old airplanes!
User currently offlineAndz From South Africa, joined Feb 2004, 8453 posts, RR: 10
Reply 9, posted (6 years 1 month 1 week 2 days 17 hours ago) and read 3517 times:
Support Airliners.net - become a First Class Member!



Quoting KLASM83 (Reply 7):
I always make tyops

Classic!



After Monday and Tuesday even the calendar says WTF...
User currently offlineSlamClick From United States of America, joined Nov 2003, 10062 posts, RR: 68
Reply 10, posted (6 years 1 month 1 week 2 days 16 hours ago) and read 3500 times:

Is there such a thing as a superpoena?

Quoting Transpac787 (Thread starter):
I already asked my boss

Do you work for a big enough company to have an HR department? If so they would give you the real answer and it is more likely to be to your liking. I know my HR folks would then followup by sending a memo around to all the supervisors reminding them of...



Happiness is not seeing another trite Ste. Maarten photo all week long.
User currently offlineGalapagapop From United States of America, joined Feb 2005, 910 posts, RR: 4
Reply 11, posted (6 years 1 month 1 week 1 day 14 hours ago) and read 3353 times:

For jury duty I've seen your allowed up to 5 days off work with pay, after that, it's the courts day rate. If it's only a day and your actually a witness for a federal trial, I'd be inclined to believe your allowed off at least scott free. However I believe your supposed to receive pay for your loss of time. If people didn't get their pay, absolutely no one would go to jury duty.

User currently offlineMaidensGator From United States of America, joined Jan 2007, 945 posts, RR: 0
Reply 12, posted (6 years 1 month 1 week 1 day 8 hours ago) and read 3290 times:



Quoting Galapagapop (Reply 11):
If people didn't get their pay, absolutely no one would go to jury duty.

I suppose that's because being held in contempt of court with possible fines and/or jail time wouldn't be an incentive to show up...  Wow!



The first thing we do, let's kill all the lawyers.
User currently offlineAsuflyer05 From United States of America, joined Feb 2004, 2372 posts, RR: 3
Reply 13, posted (6 years 1 month 1 week 1 day 7 hours ago) and read 3284 times:

Make sure you tell the truth!

User currently offline102IAHexpress From United States of America, joined Feb 2005, 1156 posts, RR: 3
Reply 14, posted (6 years 1 month 1 week 1 day 6 hours ago) and read 3259 times:



Quoting Transpac787 (Thread starter):
I've spoken with the lawyers on the phone a few times and they say they do not yet know when they're going to call me to testify,

Huh?
Federal Rules of Criminal Procedure
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
Rule 17
Paragraph A.
A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time and place the subpoena specifies...

How on Earth can you get served a Federal Subponea and not have a time and date on it?
I've never heard of such a thing.
The best advice I can give is look into hiring an attorney to file a non-party Motion to Quash Subpoena.


User currently offlineTranspac787 From United States of America, joined Jul 2007, 3208 posts, RR: 13
Reply 15, posted (6 years 1 month 1 week 1 day 4 hours ago) and read 3219 times:



Quoting 102IAHexpress (Reply 14):
How on Earth can you get served a Federal Subponea and not have a time and date on it?
I've never heard of such a thing.
The best advice I can give is look into hiring an attorney to file a non-party Motion to Quash Subpoena.

There is a date and time on it, but they said I don't need to appear then, and they're not sure when they want me to appear.

Like I said, this is my first and hopefully only time doing this, so I really have NO idea what's going on!!

Also, no way in all of hellfire I can hire an attourney (even if I wanted to!!)... my wallet is thin as it is going to school  Wink


User currently offlineDougloid From , joined Dec 1969, posts, RR:
Reply 16, posted (6 years 1 month 1 week 1 day 4 hours ago) and read 3222 times:



Quoting KLASM83 (Reply 7):
I did find here, in section "C" subparagraph 1, that basically says that the party that issued you the subpoena must take steps as to make it so you do not have undue expense or burden. Perhaps if the original date does not work out, you all can work out another day to have your brain picked under oath

Unfortunately those are the rules of civil procedure. This is a criminal case.

Quoting 102IAHexpress (Reply 14):
The best advice I can give is look into hiring an attorney to file a non-party Motion to Quash Subpoena.



Great idea there....spend $300 an hour for an attorney to file a bogus motion that'll be slam dunked by the party who wants your testimony because you're going to miss a day's work? I mean, I'd take your money but you'd be wasting it.

On what basis would you move to quash? Why would you think you could avoid testifying in a criminal case if you are subpoenaed? What reasons would you advance?

Simply stated, when you are subpoenaed you are under the power of the court to compel your testimony, or to be held in contempt. Typically you get called for the entire trial, you sit out in the hall reading comic books until you're called, you answer the questions truthfully and to the best of your ability and your boss, whomever he is, likes it or lumps it.

You've got no choice, he's got no choice.


User currently offline102IAHexpress From United States of America, joined Feb 2005, 1156 posts, RR: 3
Reply 17, posted (6 years 1 month 1 week 1 day 3 hours ago) and read 3204 times:



Quoting Dougloid (Reply 16):
On what basis would you move to quash?

My basis was that it was improperly filed. I was assuming from the thread starter that there was no date on the subpoena, since he didn't know when he would have to testify.

Quoting Dougloid (Reply 16):
Why would you think you could avoid testifying in a criminal case if you are subpoenaed? What reasons would you advance?

I don't, I assumed that the subpoena was improperly filed without a date.
But on the civil side I could see many reasons like;
Privileged or confidential information, The subpoena is too vague, Inadequate time to respond, Burdensome travel, etc..


User currently offlineMaidensGator From United States of America, joined Jan 2007, 945 posts, RR: 0
Reply 18, posted (6 years 1 month 1 week 20 hours ago) and read 3165 times:



Quoting 102IAHexpress (Reply 17):
Quoting Dougloid (Reply 16):
On what basis would you move to quash?

My basis was that it was improperly filed. I was assuming from the thread starter that there was no date on the subpoena, since he didn't know when he would have to testify.

Quoting Dougloid (Reply 16):
Why would you think you could avoid testifying in a criminal case if you are subpoenaed? What reasons would you advance?

I don't, I assumed that the subpoena was improperly filed without a date.
But on the civil side I could see many reasons like;
Privileged or confidential information, The subpoena is too vague, Inadequate time to respond, Burdensome travel, etc..

No offense, but I'm hiring Dougloid to represent me...  Big grin



The first thing we do, let's kill all the lawyers.
User currently offlineDougloid From , joined Dec 1969, posts, RR:
Reply 19, posted (6 years 1 month 1 week 15 hours ago) and read 3116 times:



Quoting 102IAHexpress (Reply 17):
I don't, I assumed that the subpoena was improperly filed without a date.
But on the civil side I could see many reasons like;
Privileged or confidential information, The subpoena is too vague, Inadequate time to respond, Burdensome travel, etc..

what he said was that the lawyers had not yet told him when he is going to testify.

The subpoena would of course say "be at ________ on _________". That's plenty enough. They don't give you an hour and minute because nobody can predict the course of a trial.

So let's assume for a minute that you hired a $300 per hour lawyer to move to quash this subpoena and you advanced all that as your reasoning. The judge would pen in the numbers, hand it back to you and say "here's your date and time. Your client can make his objections about privilege at trial and I'll rule from the bench. Your client is not being asked to testify about something he doesn't know about so your objections about an inadequate time to respond are pointless. Your client lives in the district and has a car. Let's move on to more important matters, counselor."


User currently offlineMaidensGator From United States of America, joined Jan 2007, 945 posts, RR: 0
Reply 20, posted (6 years 1 month 1 week 14 hours ago) and read 3097 times:



Quoting Dougloid (Reply 19):
"here's your date and time. Your client can make his objections about privilege at trial and I'll rule from the bench. Your client is not being asked to testify about something he doesn't know about so your objections about an inadequate time to respond are pointless. Your client lives in the district and has a car. Let's move on to more important matters, counselor."

And the judge would also file away in the back of his mind that Attorney so-and-so just completely wasted his time on a Motion to Quash that had no basis. The next time Attorney so-and-so appears before said judge, he will have already lost credibility...  Cool



The first thing we do, let's kill all the lawyers.
User currently offlineHuskyAviation From United States of America, joined Aug 2007, 1152 posts, RR: 4
Reply 21, posted (6 years 1 month 1 week 13 hours ago) and read 3075 times:



Quoting 102IAHexpress (Reply 14):
The best advice I can give is look into hiring an attorney to file a non-party Motion to Quash Subpoena.

And my advice to you would be to avoid giving out legal advice.


User currently offlineN1120A From United States of America, joined Dec 2003, 26487 posts, RR: 75
Reply 22, posted (6 years 1 month 1 week 13 hours ago) and read 3062 times:



Quoting Galapagapop (Reply 11):
For jury duty I've seen your allowed up to 5 days off work with

I don't know of anywhere that non-public employers are forced to give any paid time off for jury duty or otherwise. On the other hand, there is no jurisdiction I know of where you can lose your job for going to jury duty or having to testify under subpoena.

Quoting MaidensGator (Reply 12):
I suppose that's because being held in contempt of court with possible fines and/or jail time wouldn't be an incentive to show up...



Quoting Galapagapop (Reply 11):
If people didn't get their pay, absolutely no one would go to jury duty.

I think MaidensGator's response is the best one there. I really don't think a day's pay, or whatever, is worth going to jail/getting fined over.



Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
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