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bobbinhood's avatar

After having been subpoenaed to testify in court, how can I get this changed to a deposition?

Asked by bobbinhood (5879 points ) March 31st, 2011

In January of this year, I witnessed a motorcycle accident. I have now been subpoenaed by the city to testify in traffic court on May 24 on the East Coast of the U.S. However, I am moving to the West Coast on May 10, and I’m getting married there on May 25. I can’t be out East for the court date. What steps do I need to take in order to be permitted to give a deposition rather than appear in court? There are no attorneys listed on the subpoena.

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5 Answers

bkcunningham's avatar

If the city subpoenaed you, look up the city prosecutor’s telephone number for the city where the accident took place. Call and explain the situation and see if you can give a deposition.

cazzie's avatar

Who ever issued the subpoena, you need to reach them. Sometimes it is the clerk of courts office, but there will be the name of court and perhaps even a judges name on the subpoena? You need to contact them. This is part of a clerk’s job to communicate these kinds of things.

Do it as soon as possible. They usually have a very busy schedule.

bobbinhood's avatar

Thanks, guys. I’ll get on this later this afternoon.

geeky_mama's avatar

FWIW..I was a defendant in a similar case (a motorcyclist hit my car – we had the same insurance company so when they investigated and found him at fault, they dropped him…so he sued ME) and I was able to get out of attending the trial on the second go-round (he appealed the first verdict) because I’d moved to another country. Courts do take cross-country (or int’l) moves and personal conflicts with trial dates into account.

john65pennington's avatar

Call the District Attorney in the city the accident occured. Explain your situation and ask to have a deposition taken over the phone, under oath. The DA may have to fax your deposition to you to sign and fax back to him/her.

This can be done.

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