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Typically, you can be required to testify. If you sign an affidavit, it means that you have evidence regarding the case, and therefore could be served with a subpoena and made to testify. However, even if you don't sign the affidavit, but it is believed you have such evidence, you could be subpoenaed. Unless you have some issue of privilege or have a 5th amendment problem, failing to testify could put you in contempt of court.

However, new evidence is not heard on appeal, so neither testimony nor affidavits are considered at that juncture, and this is therefore moot.

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14y ago

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