In a personal injury case, securing witness testimony can be crucial to substantiating your claim and strengthening your case. Eyewitnesses, law enforcement officers, and other relevant parties can provide essential information about the accident, how it occurred, and who was at fault. However, some witnesses may be unwilling to testify voluntarily. If this happens, legal mechanisms exist to compel their participation through a subpoena.
What is a Subpoena?
A subpoena is a legal order requiring an individual to appear in court, provide testimony, or produce specific documents related to a legal case. In personal injury lawsuits, subpoenas are commonly used to obtain evidence that could support an injured party’s claim.
There are different types of subpoenas, including:
- Subpoena Ad Testificandum – Requires a witness to appear and provide oral testimony in court or during a deposition.
- Subpoena Duces Tecum – Orders an individual to produce documents, records, or other tangible evidence relevant to the case.
- Information Subpoena – Directs a person or organization to disclose specific information needed for the legal proceedings.
Failure to comply with a subpoena can result in serious legal consequences, including being held in contempt of court. Depending on the severity of the non-compliance, this can lead to fines, penalties, or even jail time.
Who Can Be Subpoenaed in a Personal Injury Case?
A subpoena can be issued to compel testimony or evidence from various individuals who have relevant knowledge about the case. These may include:
- Eyewitnesses – People who saw the accident happen and can describe how it unfolded.
- Law Enforcement Officers – Police officers who responded to the scene and documented their observations in an accident or incident report.
- Medical Professionals – Doctors, nurses, or other healthcare providers who treated the injured party and can provide medical records or testimony about the injuries sustained.
- Emergency Responders – Firefighters or paramedics who attended the accident scene and can testify about what they observed.
- Accident Reconstruction Experts – Professionals who analyze accident scenes to determine the cause and contributing factors.
- Corporate Representatives – If a business is involved, a subpoena may be issued to compel company officials to provide records or statements.
Can Expert Witnesses Be Compelled to Testify?
Unlike fact witnesses, expert witnesses cannot be forced to testify through a subpoena. Their participation is voluntary and often involves payment for their time and expertise. Experts, such as accident reconstruction specialists or medical professionals, must agree to testify on behalf of one party before they provide their opinion in court.
How Much Does a Subpoena Cost?
The cost of issuing a subpoena varies depending on the jurisdiction. In New York, the standard subpoena fee for a witness is $15 per day. If the witness is located outside the city, the party issuing the subpoena must also cover transportation costs at $0.23 per mile.
Failure to pay the witness fee could result in non-compliance, meaning the witness may not be required to appear in court.
How to Serve a Subpoena in a Personal Injury Case?
A subpoena must be properly served to be legally enforceable. This means delivering it to the witness in a legally recognized manner. In personal injury cases, there are several ways to serve a subpoena:
- Personal Service—A process server, attorney, or law enforcement officer hands the subpoena directly to the witness.
- Substituted Service – If personal service is unsuccessful after multiple attempts, the subpoena may be left with another responsible adult at the witness’s home or workplace.
- Conspicuous Service – If a witness has evaded service, the subpoena may be posted in a visible location at their residence or workplace.
- Certified Mail – For confidential subpoenas, delivery via certified mail with the return receipt requested may be an option.
The timing of serving a subpoena is critical. It must be done well in advance of the trial or deposition to allow the witness time to prepare.
What Happens If a Witness Refuses to Comply with a Subpoena?
If a subpoenaed witness refuses to appear in court or provide the requested evidence, they may be held in contempt of court. This can result in:
- Monetary fines
- Court sanctions
- Potential jail time (for severe non-compliance)
Judges have discretion in determining the penalties for failure to comply with a subpoena, but ignoring a court order can have serious legal consequences.
How a Personal Injury Lawyer Can Help with Subpoenas
Navigating the subpoena process can be complex, especially in high-stakes personal injury claims. A knowledgeable personal injury lawyer can assist in:
- Determining which witnesses should be subpoenaed
- Ensuring subpoenas are properly filed and served
- Handling legal disputes over subpoena compliance
- Presenting compelling witness testimony in court
If you need help compelling witness testimony in your personal injury case, contact an experienced attorney today.
Contact a Personal Injury Lawyer at HKD for Help
If your case relies on witness statements, legal assistance can ensure that subpoenas are issued and enforced correctly. Our attorneys at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., can handle every step of the process, from filing subpoenas to presenting strong legal arguments in court.
Call us at(212) 490-5700 or fill out our contact form to schedule a free, no-risk consultation today. There’ no fee unless we win.