Comments on: How to Upset Your Witnesses Before Trial

By: cp

cp — Sun, 19 Jul 2009 15:46:04 +0000

Thanks for writing this. I just received a summons the other day to be a witness in a trial. I have gotten 2 letters before this over the past year about a pretrial date so I knew there was a case, just not what it was about. I chose not to go to court on those 2 dates because I didn’t like how it would disrupt my life. Now I have no choice and I don’t even know why I was put down as a witness except that I used to work for this person. I wish they would be more specific about all the times I really need to be there. I have a life and things going on in it that I can’t just sit around for weeks wondering what days I need to go to court.

By: neo a.k.a Chief

neo a.k.a Chief — Tue, 10 Feb 2009 12:35:56 +0000

i just copleted my Law Degree, and i attended a Law Practice in South Africa. I wil be Practicing in Botswana, but in essence i have realised that you are the Best in the Profession. Please, i have enomours interest in becoming a state Procecutor, could you kindly please provide me with tips and techniques of becoming the Best.

i also wish you advice me on the choice of taking a route of being a magistrate before practicing.

thank you i advance

Regards

Neo Cedric Kgothi

By: Philip Fabiano

Philip Fabiano — Tue, 02 Dec 2008 04:38:51 +0000

Philly:

Very funny! Oh I agree with you. More and more I find people just simply ignoring subpoenas. I selectively use this form with witnesses I am relativley comfortable will “obey.” If I suspect they will not, I start early–since it seems even the court sometimes does not take a subpoena seriously–and alert the court I may have a problem and ask for help through the sheriff.

By: Philly

Philly — Fri, 28 Nov 2008 23:40:46 +0000

I like that, but I’m worried that it’s not obnoxious and menacing enough. Maybe you could mention the fact that if you don’t show up the subpoena will explode, or maybe you could personally hand-deliver the envelope at 3:00 AM in the morning by crashing through the witness’s door with a bulldozer. Anything to make our justice system run smoothly.

By: Philip Fabiano

Philip Fabiano — Fri, 14 Nov 2008 16:08:22 +0000

HERE IS A LETTER I USE IN CONJUCTION WITH SPEAKING WITH THE WITNESS
DEAR———

This office represents _________________. The purpose of this letter is to explain to you why you were served with a subpoena to appear at trial. We have a duty to represent our client fully and zealously, and it is important that you tell us what you may know regarding his claim. Basically, we are aware he was your employee and because he had trouble remembering orders and dealing with customers you had to let him go. We need you to explain this to the jury.

We realize, however, that you have no financial interest in the case, and we do not wish to inconvenience you any more than absolutely necessary. There are, however, many delays and postponements in lawsuits. Because you will be one of many witnesses testifying at trial, it is impossible for us to know exactly when you will be needed.

Therefore, although the subpoena lists a particular time and date for you to appear, you may not be called until some time thereafter. We prefer that you would be on an “on-call” basis. If you agree to be on call, we will give you as much advance notice as possible by telephone of when and where you should appear for trial. We hope that this arrangement will lessen any inconvenience to you. If you do not agree to be “on-call”, you are required, pursuant to the subpoena, to be present on the date and time listed and to remain until discharged.

If you agree to this arrangement, please indicate by signing the acknowledgement below and returning it to us promptly.

Very truly yours,

HOWARD F. MESSER PC

Philip A. Fabiano

PAF/alp

ACKNOWLEDGEMENT

I, _________________, hereby agree to obey the subpoena and all of its terms in the case of (name of case) and promise to remain on call for (trial or deposition testimony). I can be reached at the following addresses and telephone numbers:

Day_________________________
____________________________
____________________________

Night_______________________
____________________________
____________________________

________________________________
(name of witness)