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Subpoena Question

deacfan78

deacfan78

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I work for a company that got subpoenaed as a witness in what appears to be a small claims court case and somehow my name was attached to it as the representative of our company. I was served over the phone. I called the guy who is representing himself in court and had the subpoena issued and left him a message that my named needed to be removed and he needed to speak with the owner of our company about the matter. I gave him the owner's name and cell phone number. Guy calls back and says his issue is not with our company and we were subpoenaed as a witness for him and that someone needed to appear and it was court ordered and he could not change it and someone needed to show regardless or else kinda thing and I needed to change my plans blah blah blah blah blah.

I have no problems going to court and wasting this guys time because I have no clue what I would be representing our company for, but I am going out of town for a couple days and it falls during the court date.

What happens if I don't show and no one else from my company shows?

I have let the owner know, he knows what is going on and feel this guy is a nuisance and doesn't want to deal with it.
 
Sounds like you're heading to Federal Pound Me in the Ass Prison. Sorry bro.
 
Fuck that! Talking to the owner now. Says he is gonna go. We'll see what happens.
 
I e-mailed the owner that I was seeking legal advice about the matter and he quickly called me.
 
The guy representing himself has to be the funniest portion of the initial post. What an idiot.
 
do you know if the person who did the dial-a-witness is the plaintiff or defendant?
 
and most small claims in my area (in NC) are done by magistrates, not judges. I doubt they would try to come find you, but INAL.
 
most evidence would be documents, not live witnesses.
 
WinkinDeac said:
do you know if the person who did the dial-a-witness is the plaintiff or defendant?
Click to expand...

He is the plaintiff. He was provided documents by our company already. Assuming he wants someone from our company to say "we provided the documents the plaintiff submitted as evidence."
 
Talked to the officer. He said the subpoena was sent back to the clerks office and gave me the number for the clerk. I called in and spoke to someone there and they said someone needs to appear but they didn't have a copy either. She was familiar with the name of the plaintiff and I got the impression this guy is a few sandwiches short of a picnic . So, basically the owner has to show up at the district court downtown on Monday by 9:00 and go to room 245 to find the docket to where he needs to report at 9:30.
 
Is it bobknightfan v. boobknightfan or rjkarl v. rkarl?
 
If you were in an accident (not your fault) and were subpoenad bc the guy at fault pleeded not guilty, do you have to show? If you dont, what happens. I always heard that cops and witnesses never show. Sorry for the hijack.
 
The sheriff can serve a witness via the phone to appear and testify in court. Nobody else can do that. If the sheriff called, then you (or whatever representative of the company is designated) has to appear. The other option is to file an objection to the subpoena (on the grounds that it is overly burdensome or procedurally defective), which will preclude your appearance until a hearing is scheduled to rule on the validity of the subpoena.
 
It was a corporal from the sheriff's office. The owner is going. We are a small company and the owner here is pretty lazy. However, once I e-mailed him I was reaching out to an attorney for advice he changed his tune. I think had I not pressed the issue, no one would have been going on Monday.
 
Yes. I do frequently. Long history. Don't work for or with friends, the friendship eventually ends.
 
Not unusual for people to represent themselves in small claims court. The amount in controversy is usually less than the cost to hire a lawyer even for half a day.

Evidence rules are not strictly enforced in small claims cases and I have seldom seen docs get excluded as evidence on the basis that they weren't authenticated by a witness. But this plaintiff is probably getting a kick out of playing lawyer, hence your subpoena.
 
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