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  1. #1
    Join Date
    Jul 2016
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    2

    Default Subpoenaed to Court on a Date When I Will be Out of the State

    My question involves court procedures for the state of: Virginia.
    A group of friends was involved in a motor vehicle accident, and one friend was injured, and is suing for compensation. I received a subpoena and went to deposition. Now the case is going to trial and once again i have been summoned to appear, however i am currently and will be out of the state for work. I have not personally gotten any notification other than a subpoena was posted on my residence in Virginia. I left in June, received the summons yesterday, and will not return to Virginia until December. What are my options? Who is supposed to pay for my flight home? Do i have to appear? What can happen if i do not?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Subpoenaed to Court on a Date When I Will be Out of the State

    If you are subpoenaed to appear in court, you are expected to appear as ordered. If you cannot do so, you have the option of bringing a motion to try to quash the subpoena. However, it is often possible to work out an amicable resolution without incurring that burden.

    When you contacted the lawyer who issued the subpoena to you and explained your situation, what did the lawyer tell you?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Subpoenaed to Court on a Date When I Will be Out of the State

    I'm confused ... you left the state in June and a summons was posted on your residence door yesterday? So, you have not actually been served?

    I'm not familiar with laws of process service in your state, but, you might not have been properly served. If you have been properly served under state law, and you fail to appear, you could face sanction by the court up to and including an arrest warrant.

    As suggested, contact the attorney that sought the subpoena and see if there can be some amicable resolution. It is also possible that he may be required to pay your expenses to return for the court case.

  4. #4
    Join Date
    Jul 2016
    Posts
    2

    Default Re: Subpoenaed to Court on a Date When I Will be Out of the State

    Thanks for your responses. Mr.knowitall The lawyer i contacted was out of town still waiting to hear back from him.
    cdwjava: i too am wondering if i have been properly served. a family member let me know of the summons on the door i myself have not been within 3000 miles of it.
    at this point it seems contacting the two lawyers who i have received summons from and ask to be released is the best course of action.

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