Witnesses and subpoenas at my trial - how does it all work?
Many cases go to trial, and there is a possibility that the attorney will need to call a witness to testify in court.
A witness is someone who can give testimony to the court, regarding information that is relevant to the issues at hand. The party who called the witness will ask their questions of the witness in what is known as "direct examination." Then the opposing party will have an opportunity to conduct what is known as "cross examination."
If a witness will not voluntarily come to court, then that person can be subpoenaed. In Latin, subpoena means "under penalty". A subpoena is a court order that gives a person a legal obligation to appear and testify in court.
If a person receives a subpoena informing him/her that their testimony is requested, then there are only very limited reasons in which that person may be excused from testifying. For instance, a person may be excused from testifying as a witness if he/she is not competent to testify due to age or illness, which prevents him/her from recalling events and truthfully explaining then to the Court. Also, if the witness is one party's attorney, priest or psychotherapist, he/she may be excused due to the special relationship in which the communication between the witness and party is privileged.
If none of the limited excuses apply to you, you may still be able to request a postponement of your appearance in Court. Such postponements, however, are not often granted and limited to reasons of death or severe illness. If no postponement is granted then you are required to appear on the date and time on your subpoena. If the postponement is granted, then you are obligated to appear on the later date and time issued by the Court.
If you were properly subpoenaed and fail to comply with the subpoena to testify as a witness in court, the Judge, at his or her discretion, could find you in contempt of court and you could potentially face jail time and/or hefty fines.
You have the right to decide whether you want to discuss the case with any attorney or investigator for either the state or the defense. Be sure you know who you are talking to when you discuss the case. Don't be afraid to ask for identification. If you decide to speak about the case, tell the truth.
If you fail to appear, you may be cited for contempt of court. An arrest warrant could be issued.
Where Do I Go?
Your subpoena will indicate where, when, and in what room the proceedings will take place. Please note: at the majority of court proceedings witnesses are not allowed to enter the courtroom until they are called upon to testify. Therefore, it is important that you be directly outside the courtroom or waiting in the witness waiting room next to the courtroom.
How Long Will I Be In Court?
It is impossible to predict how long witnesses will testify at trial. It is important that you arrange your schedule to permit maximum flexibility. You may have to wait to testify for several hours or more. You may want to bring reading materials, or something else to occupy your time, while you wait to testify.
What Should I Do With My Children?
Try to find a relative, friend, or neighbor to care for your children. However, you should make sure that he/she has a flexible schedule, due to the fact that you don't know when you will be released from your subpoena. In some instances, child care expenses are reimbursed by the state
Will I Have To Bring Anything With Me?
If you need to bring anything as evidence, you will be instructed to do so in the subpoena.
What If I Am Threatened?
Threatening a witness is a separate federal crime. Accordingly, it happens much less than you would think. In emergency situations call the police immediately.
What About My Employer?
Many witnesses question how to approach their employer about their absence from work during their testimony. If requested, we will contact your employer and outline your responsibility as a subpoenaed federal witness. Employers may not retaliate against you because of your absence.
