People don't realize that most legal issues are governed by state law, and state laws can differ widely. Also, when an issue comes up, people are often citing court cases from completely different jurisdictions which would only be, at best, persuasive precedent...certainly not binding on the court. If I went to court on an Indiana legal matter (that wasn't a case of first impression) and started citing court cases from California, the judge would think I lost it.
When I answer I try to point out that my knowledge is based on Indiana law, and I don't know for certain what the laws of other jurisdictions are. On issues of any complexity I often suggest that they talk to a local lawyer who concentrates his or her practice in that area.
Rhubarb297 said:
Notice it clearly shows the state as California then Rhubarb goes on to note how a judge would respond, yet attacks IAAL, BB and me?
Quote:
Originally Posted by mgmkitty
What is the name of your state? California
An ex co-worker from a previous job is suing our former boss personally and his company. Her lawyer has called me several times asking me questions that I know nothing about, I told him I can't help her case and to not call me again. He continued to call and harass me and now I have received what looks like a subpoena to be a witness. The paper I received is a faxed copy, the only signature is from her lawyer (no clerk or judge or anyone else), there is no state seal or anything to make this look official. It also says "page 2 of 3" at the top, and I only received page 2. I'm incredibly hostile that this woman is dragging me into this, and if there is any way I can avoid wasting my time on this I will do it, but I will not ignore this if it is legit. Is this an official subpoena? It just doesn't look right. Thanks.
I'd get more information, but in my state attorneys can serve a notice of subpoenas on a witness ...they don't have to go through the Court or the Clerk's office. Now if a non-attorney wants to send out a subpoena, they have to go to the Clerk's office and get a form. But the form is already prestamped with the Clerk's signature on it. You just fill it out and serve it. You don't go through the Court at all. You do later file it with the Court. But that's just a matter of some clerk sticking it in the court file. With it in the file, the attorney or litigant can ask that the subpoena be enforced if the witness doesn't show up for trial.
You can try to quash the subpoena, but that's unlikely to happen. You might as well resign yourself to the fact that you are a witness and have to testify.
If this subpoena is for some reason is defective or not "official", all they have to do is issue you another one. Then it would be your burden to try to quash it...and that rarely happens.
Need I say more?
Sorry for the abuse you have taken for expressing your opinion. I too take a lot of abuse from people like Rmet, BelizeBreeze, IAAAL and others who are constantly providing inaccurate legal information on this forum. Unfortunately there's no polite way of correcting these people. When you do they immediately become hostile and start attacking.