I received a subpoena commanding me to appear personally before the City Alderman and testify in a case. I had witnessed an auto accident, and the defendant is accused of following too closely and not having proof of insurance.
I’m going to show up and do whatever they tell me to do, and I’m searching the web about how to be a witness, but I still have questions. Especially, I haven’t been contacted by anybody, except for this one subpoena letter. I sort of thought that the attorneys involved spoke with witnesses in advance. Is it OK that the only contact I’ve had is receiving this one letter?
Also, am I supposed to know if this is a civil or criminal case? I don’t recognize anything in the letter indicating one or the other. Seems like a fender bender and not having insurance wouldn’t be a big enough deal for a criminal case, but I don’t know, and I’m surprised it’s a case at all.
If it matters, I’m out of state relative to where the accident happened.
NAL. It’s possible, but nobody will necessarily contact you. The name of the person who requested the subpoena should be on there somewhere. Contact them with questions.
Otherwise, just show up when and where it tells you to.
It’s not what you asked, but according to this
Article and others I found, if you live in another state then it’s a lot more involved for the court to subpoena you. Basically they have to petition a court in your state to issue the subpoena. I know you said you’re going to go, but if it’s a hassle it’s at least worth a closer read to see which court issued the subpoena.
I assume this court is in Delaware (seems to be the only state with Alderman’s Court)? I’d suggest calling the court for clarification.
Found this on a Google search regarding out of state subpoenas:
If it’s to testify at the trial of a criminal case in another state, the party requesting the subpoena would have to go to a court in the state where the witness resides and get an order requiring the witness to appear at the trial. Otherwise, an out of state subpoena has no legal validity.
If it’s a subpoena from a court in State X to testify at the trial of a civil case in State X, it isn’t valid in any state other than State X. Likewise, if it’s a subpoena from State X to testify at a deposition to be held in State X, it has no validity in any other state.
A subpoena from State X served on a witness residing in State Y is legally ineffective. And a court in State Y will not order a State Y resident to travel to State X to testify in a civil case. So, if you have a civil case in State X and you need the testimony of a witness in State Y, you ask the court in State X for a subpoena. You then take that subpoena to a court in State Y and ask for a subpoena compelling the witness to appear for a deposition in State Y. In most states the clerk of the court can issue the subpoena without a court order. Of course, you must give proper notice to the other side. Then you take the deposition to preserve the witness’s testimony for use at trial in State X.
If it’s a hardship for you to travel to the court, you can contact the judge and lawyer to see if other options are available. There may be a way for you to testify remotely, or you might be able to get compensated if you have travel expenses or loss of work.
I was once subpoenaed by hand delivery. The only thing I knew was that it was in divorce case involving a colleague. I don’t know which side subpoenaed me and, in any case, I was not called. Wasted a whole day for absolutely nothing. I also had no idea what kind of thing I would be asked.
I was subpoenaed to testify in a criminal case. I lived out of state, and the US attorney’s office reimbursed me for my air travel and hotel expenses and a per diem for meals. I only spoke to one of the prosecuting attorney’s about an hour before I testified. But I had been deposed by the FBI a few months before the subpoena, so the prosecutors knew the nature of my testimony well before the trial date. The defense counsel never questioned me until their cross examination before the trial. I assume they had been provided a copy of my deposition as well.
Just answer the questions truthfully. Try not to say things beyond answering the direct questions of you.
Right. I tell witnesses in my matters this during preparation. But then we’ll chat for a few minutes, maybe about the case, but also maybe about the weather or sports, for a few minutes; and then I’ll throw out, “Hey, do you have a watch?”
Nine times out of ten, the witness will look at his or her watch and say, “Yeah, it’s ten-thirty.” (Or whatever time it happens to be.)
“I didn’t ask you what time it was. I asked you if you had a watch. You do, so the correct answer would be ‘Yes’. And that’s all you needed to say.”
Then, they get it. Answer questions directly. If it’s a yes/no question, answer yes or no. If more explanation is needed, it will be asked for, but you don’t need to voluntarily offer it.
Courts reschedule all the time, often at the last minute. And since Covid, testifying remotely is routine. Call the court’s victim/witness unit, tell them.you live out of town and that you will need to tesify remotely. They will pass this on to whoever needs to know and someone should contact you to arrange this.
I would NOT just show up unless you confirm the day before that the case is indeed going on time. To repeat, courts reschedule things so often, due to schedule conflicts, new motions, witness or attorney unavailabilty, all kinds of things. Stay in touch with the witness office and you’ll be fine
Yup, Delaware. This point has had me a little confused. But I think it’s a courtroom and not a council meeting. The case is titled “City of Newark vs. So-and-so”.
Alderman Court is the lowest level of court in Delaware, equivalent to Magistrate’s Court in Pennsylvania. It’s where you would go to challenge a speeding ticket, for example. Also handles low-level criminal cases.
Call the court. You will probably speak with the clerk. Point out that you live out of state and see what they say.
Agreed, this is municipal traffic court. Contact the clerk if you have any questions or need any accommodation, if required to testify answer any questions to the best of your ability. It’s very likely that the parties will settle before you even have to take the stand.