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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.

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15y ago

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