What happens if you fail to appear in court on a subpoena?

If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest.

What happens if I don’t show up in court?

Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena.

Can You challenge a subpoena from a third party?

You can even challenge a subpoena received by a third party if any of your own records would be disclose and, assuming you know about the subpoena in time to challenge it. A lawyer can also help make sure you limit the documents you produce to the bare essentials.

Do you have to comply with a subpoena?

You are also not obliged to comply with a subpoena unless conduct money (usually about $30) is paid or offered. Conduct money is to cover the cost of getting the documents to the court by post. It is not intended to reimburse the cost of finding and collating the documents or getting legal advice.

What happens if you ignore a subpoena in court?

Subpoenas must be served in person to someone that is required in court. This means the individual must accept the paperwork and his or her attendance is required, and if he or she does not show, he or she may be found in contempt with possible negative consequences.

Can a person be served with a witness subpoena?

If you were personally served with a subpoena by an officer or someone that is 18 years of age or older then you must appear in court or a material witness warrant can be issued fro your arrest. If you were sent the subpoena in the mail even if the subpoena says mandatory appearance is required, you can go or not go.

How is a witness subpoenaed in a criminal case?

To properly subpoena a witness, the prosecuting attorney must have the subpoena personally served on the witness. Once the State has done this, the witness is legally obligated to come to court. If the witness fails to appear in court, the Court can issue a warrant for the arrest of the witness.

What happens if a witness does not appear in court?

The witness could be taken into custody and remain in custody until the day of the trial. A Witness’s Presence is Sometimes Helpful. If the State did not serve the witness with a subpoena, the witness would not be legally obligated to come to court.

What should I do if I get a subpoena?

Subpoena requests should be very specific. Immediately make note of the court date or filing deadline on your calendar. If your subpoena states that you must appear in court, make sure you clear your schedule for that date. In most cases, if you’ve been requested to appear in person, you will not be able to decline.

What happens if I fail to appear in court?

If you received a subpoena to appear but failed to do so, you violated legal process–something equivalent to a court order–and therefore may be punished by the court. This is called being held in “contempt of court” and may involve being fined or even being jailed.