If you are subpoena'd to court do you have to testify?

Answer 1

Strictly speaking, No - unless they can prove that you knew of the hearing and the subpoena for your appearance; then they can show you were intentionally avoiding service but knew of the case and hold you in contempt of court.

Contrary view:

A subpoena must be duly served served according to law on a witness (and the attendance fee and mileage paid) before the witness becomes subject to the jurisdiction of the court. Absent proper service, a witness has no obligation to appear at trial and a court has no authority to punish the person for failure to appear even if the witness is aware of the existence of the subpoena.

All subpoenas have what is called a "Proof of Service" section that must be completed by the process server. Without proof of service, the subpoena is worthless whether or not the witness has actual knowledge of it.

Answer 2

No, you dont have to go to court just because you were properly served a subpoena.

That was the first answer, I got another take on the question: then , like all grown boys and girls, you might have some consequences you might not have counted on when you just did not bother to show for court as instruced on the subpoena .

Just like everthing in this particular legal system, it's not self enforcing....

So, it really depends on how much somebody, as in the person who wanted the subpoena and got it done according to law, really gets upset that you just decided not to bother to attend to the order of the court in which you were ordered to be present.

Like, you weren't asked to be in the court, because everybody just thought that you were a wonderfull person. Somebody really thought that you had something to add to the legal proceeding, and you! decided that you did not have to show. O. K.

Just for the record: court orders are not a joke and a discard.

My suggestion is to show up in court.

I don't know how old this question is but either way someone might come across it and get some proper advice. IF you are unable to attend an upcoming court case in which you were served a subpoena you must contact the Crown Attorney's office and either speak directly with the Crown or leave a detailed message on the voice mail including courtroom number, person charged and person who did the charging, the reason you cannot attend and a phone number to be reached at. I had to do this for reasons that were beyond my control.

Answer 3

If you are subpoena'd to court you MUST obey the subpoena and go to court. Whether or not you wish to testify is another entirely different matter that can be addressed once you get there and make your decision.

Answer 4

Yes, you must. To ignore a subpoena from court risks a charge of contempt of court, and, in some case (if your testimony is deemed vital enough) possible immediate arrest and transport to court via a "forthwith" subpoena issued by the trial judge.

Answer 5

Yes, you always have to show up if you receive a subpoena.

Ignoring a subpoena could result in fines and/or jail.

Answer 6

Yes unles you can cover it with legal representation.

Answer 7

Yes.

Yes.

Yes.

Yes.

Answer 8

Yes.