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How to get out of a subpoena? (not PCER)
I'm asking this for a friend. I have a friend who recieved a subpoena today for court on Wednesday. It was postmarked a week ago but my friend moved and the post office just delivered a bunch of mail today. There is no way this friend can go. She moved over an hour away from where the court is. This friend can't drive because of a disability. There is no one who is able to drive here on this short notice. She would also have to take her kids out of school since no one would be able to get them off the bus on two days notice. She just moved so she hasn't met any neighbors yet. One of her children is special needs and would not do well in a courthouse.
This disability also has caused some brain damage and my friend has memory problems. I remember her telling me about the incident but she has no memory of it. She would make a horrible witness. The subpoena said to call a number if she had any questions. The court clerk she talked to basicly said all of this is my friends problem and that if she doesn't go there will be a warrent. The prosecuter's secretary is also telling her the same thing. Is there anything she can do? Unless she hitchikes with her three kids she has no way to go.
Re: How to get out of a subpoena? (not PCER)
There's no way to "get out of a subpoena." If there were, we'd never have fair trials.
She should keep calling and try to talk to the prosecutor or someone higher up and explain the circumstances. In some situations, the attorneys may be willing to send someone to her for a deposition if all parties agree. Not saying that'll definitely be the case here or if your jurisdiction even allows for that practice, but it may be an option. Starting there might be better than flat out refusing to show up.
In my neck of the woods, the way to "get out of" a subpoena is to file a motion to quash and hope that it is successful. Given the extremely short notice here and presumptive lack of counsel, I'm guessing this isn't an option.
She wouldn't be the first with issues regarding appearance, so the best I can recommend is that she call the prosecutor's office, as well as the clerk of court, explain the harship of appearing, and see if any accommodations can be made. Best of luck to her - this is a tough situation.
she needs to speak with the prosecutor handling the case. that date might be slightly flexible. the office might be able to provide transportation ?and childcare while she is testifying. or the prosecutor could decide that she is non-essential after all.
she should not ignore it however. it would be pretty hard for her to pick up her kids from the bus stop if she's in jail on a material witness warrant.