Personal Injury Lawsuits: Subpoenaing a Witness

When you have a personal injury lawsuit, it's up to you to provide evidence that'll help your case. You can use photographs, videos, or an expert's assessment of the scene as evidence. But sometimes, there may be no video evidence or victims may forget to take pictures amid the chaos.

One good way to prove that the other party is liable is to use a witness' testimony. The chance of someone witnessing the accident is high, and only in a few cases does accidents happen without a witness present.

However, what happens when your witness refuses to testify in court? It's understandable. No one wants to show up in a court for a stranger they'll gain nothing from in the end. Your best option to get a witness to respond is to subpoena him or her.

What is a Subpoena? A subpoena is a tool for compelling information from a witness. A third party to a lawsuit typically receives it as a court-ordered document, requesting him to appear and testify in court.

Besides eyewitness, expert witnesses like doctors can receive subpoenas to present documents or testimonies relevant to the case. Subpoenas are powerful tools, and attorneys in Lancaster PA, use them to gather evidence regarding their cases.

How to Subpoena a Witness To send a subpoena in Pennsylvania, you must first send a written notice to the other party of your desire to subpoena them. The other party has 20 days to object, and if no objection occurs, you can send your subpoena. You can get the form for a subpoena from the court, and it must carry the following information:

● The name of the issuing court

● The case title and case number

● Name, phone number and address of the person getting the subpoena

● Date, time, and location the person must appear

● The documents or items the person must bring to the deposition or hearing

Depending on the type of court you pick the form from, there may be other information you'll need to complete. When you complete the form, your Lancaster personal injury lawyer will sign it, and a court clerk will review and also sign.

You can't deliver a subpoena yourself. Only a professional process server or another person above 18 who isn't a party to your lawsuit can serve the subpoena. Finally, inform the court when the person receives the subpoena.

When you subpoena a witness to a hearing, deposition, or trial, they must live or work within a certain distance the court specifies. Also, you may pay mileage for the witness's journey to court.

Conclusion When you subpoena a witness, they'll have to respond or be subject to fines. They may not be happy with your actions in compelling them to court. You only have to hope that they give a true testimony of the accident.

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