Subpoenaed as a Witness? Your Rights and Responsibilities

Subpoenaed as a Witness? Your Rights and Responsibilities

Getting a subpoena to testify in court can be scary and confusing. Believe me, I’ve been there! As someone whose gone through it, I want to walk you through what to expect, your rights, and how to handle it. I’ll try to keep it simple and conversational – like we’re having coffee and I’m giving you advice.

First off, take a deep breath. It’s going to be okay. I know that knock on the door with a court subpoena can feel intimidating, but there’s no need to panic. Let’s break this down step-by-step so you understand what’s happening.

What is a Subpoena?

A subpoena is basically a court order for you to testify as a witness. The court uses subpoenas to make sure witnesses show up and provide evidence. Subpoenas can be used in both criminal and civil cases, and can come from either side – the prosecution/plaintiff or the defense.

There’s no judge’s signature on it, but don’t be fooled – a subpoena carries the full force of law. If you ignore it, you could be held in contempt of court. So you have to respond. But don’t worry – I’ll walk you through how.

Why Did I Get a Subpoena?

If you’ve been subpoenaed, it means someone believes you have evidence relevant to a court case. Here are some common reasons you might get a subpoena:

• You witnessed events related to the case
• You participated in events involved in the case
• You have documents, records, or objects related to the case
• You had conversations with people involved in the case

Take a close look at the subpoena – it should explain what information they want from you. Don’t be afraid to ask the lawyer for more details on why you’re being called.

What Are Your Rights as a Witness?

Even though a subpoena orders you to testify, you still have rights:

• You can refuse to talk informally to any lawyers or investigators involved in the case. Don’t feel pressured – it’s your choice.
• If asked to discuss the case, you have the right to tell the full truth.
• You can request a “reasonable” fee for your time and travel expenses.
• You may be able to get legal help from a lawyer, if needed.
• You can’t be penalized by your employer for obeying a subpoena.

Bottom line – you have to show up, but you still have protections under the law. And there are limits on how much of your time they can take up.

What Should You Do After Being Subpoenaed?

Okay, you’ve been served. Here are the next steps:

1. Read the subpoena closely so you understand what info they want and when/where you need to testify.
2. Mark the court date in your calendar so you don’t forget.
3. Gather any documents or evidence they requested you bring.
4. Consider contacting the lawyer to understand why you’re being called.
5. Make any work or childcare arrangements needed for the court date.
6. Know your rights – you don’t have to talk informally or answer questions you’re uncomfortable with.

I know it’s a hassle, but taking these steps will ensure you’re prepared and know what to expect.

What Happens If You Don’t Appear?

Now listen up – this is important. If you ignore the subpoena and don’t show up, here’s what could happen:

• You may be charged with contempt of court, which can mean fines or even jail time.
• The court could issue a warrant for your arrest.
• You could be ordered to reimburse the court for any delays your absence caused.
• Future credibility as a witness would be harmed.

So don’t skip out! I know it’s tempting to ignore these things, but you really don’t want contempt charges. Just grit your teeth and get through it.

What Should You Expect at the Courthouse?

I’ll walk you through what to expect on the big day:

• Get there early – at least 30 minutes before the time on the subpoena.
• No food or drinks allowed in the courtroom.
• Turn your phone off completely – no vibrate allowed!
• You’ll have to pass through a metal detector security check.
• There’s often a lot of waiting – bring a book to read just in case.
• No chatting or interacting with the lawyers until called to testify.
• The bailiff will point you where to sit until it’s your turn.
• When called, go to the witness stand and remain standing until sworn in.
• Answer questions clearly and honestly – stick to just the facts you know.
• It’s okay to say you don’t know or don’t remember if that’s the truth.
• Don’t worry about how your answers affect the case – your duty is to tell the truth.

I know the courtroom can feel intimidating. But remember – tell the truth, and you’ll be fine. The lawyers may ask tough questions, but keep your cool and stick to the facts.

How Should You Answer Questions Under Oath?

Testifying under oath is serious business. Here are my tips for handling questions:

• Listen carefully – make sure you understand before answering.
• Ask for clarification if a question is confusing.
• Pause to think before responding if needed.
• Answer only what you know as factual.
• Don’t speculate or guess – just state the facts.
• Correct any mistake you make immediately.
• It’s okay to say “I don’t remember” if you honestly don’t.
• Speak clearly and loudly enough to be heard.
• Maintain your composure – don’t get angry or argumentative.

I know it can get intense in there. But stay cool under pressure, and stick to the facts. The truth is your ally here.

Can You Refuse to Testify?

Now for the big question – do you have to answer? Can you get out of testifying somehow? Unfortunately, no. If you’ve been properly subpoenaed, you must appear and answer questions. There are almost no exceptions.
Refusing to testify after being subpoenaed can lead to contempt charges. So as much as you may want to, you can’t legally stay silent on the witness stand.
Sorry to be the bearer of bad news! But look at it this way – you’re doing your civic duty. The justice system relies on people testifying truthfully. So rise to the occasion and do your part.

When Can You Refuse to Testify?

There are very limited situations where you may be able to refuse to answer questions:

• If you have a valid legal privilege like doctor-patient confidentiality.
• If answering would implicate you in a crime (plead the Fifth).
• If you are a spouse being asked to testify against your husband or wife.

Unless you have a clear legal basis like these, you have to respond. So be very cautious about refusing to answer – talk to lawyer first if possible.

What Should You Wear to Court?

Wondering what to wear? You want to look respectful and professional:

• Business attire is best – dress pants or skirt, button down or blouse, dress shoes.
• Avoid shorts, ripped jeans, tank tops, crop tops, hats, slogans, etc.
• Don’t show too much skin – keep it classy.
• Skip excessive jewelry – small earrings are okay.
• No strong perfumes or cologne.

Basically, dress like you’re going to church or a job interview. Look sharp but modest.

Can You Have a Lawyer With You?

You’re probably wondering – can I bring a lawyer along for support? The answer is yes – you can have legal counsel present in the courtroom while you testify. They can object to inappropriate questions.
However, understand that:

• The lawyer would be there for legal issues, not moral support.
• You’d have to arrange and pay for the lawyer yourself.
• The lawyer can’t “represent” you or speak for you on the stand.

For most people, having an attorney present isn’t necessary. But it’s an option if you want that extra protection.

What Should You Do After Testifying?

Phew – you made it through! Pat yourself on the back. Here are a few final tips:

• Relax – you fulfilled your lawful duty.
• Avoid discussing your testimony with others until the case is fully over.
• If you remember something important later, contact the lawyer who subpoenaed you.
• Don’t post about the case on social media.
• Be prepared to possibly testify again if there’s a trial.

Keep a low profile until it’s completely wrapped up. And give yourself credit for doing the right thing – I know it’s not easy!

What If You Have More Questions?

Whew, that was a lot of information! But I hope this guide gives you a good overview of the subpoena process and your rights. I tried to cover the basics, but let me know if you have any other questions! I’m happy to chat more over coffee (or wine, after the court date).
Bottom line – take a few deep breaths, and you’ll get through this. It’s not fun, but it’s manageable if you know what to expect. You’ve got this!