#1 Community for Legal Questions and Answers
|
|||||||
| Register | FAQ | Tags | Members List | Social Groups | Search | Today's Posts | Mark Forums Read | Layout |
01-06-2018, 07:33 AM
|
#1 |
|
Guest
Posts: n/a
|
Re: Can I issue subpoenas in a small claims case in NY
I just received a subpoena from my neighbor to be a witness but I do not want to be a witness for him.
What should I do now? I do NOT want to support his case against another neighbor that I happen to like much more. |
Did you find this post helpful?  |
|
|
01-06-2018, 11:26 AM
|
#2 |
|
Top Level Member
 
Join Date: Dec 2009
Posts: 22,860
|
Re: Can I issue subpoenas in a small claims case in NY
I wish to inform you that subpoena or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. If a witness is reluctant to testify, then the personal service of subpoena is usually required with proof of service by non-party server. Further, the party being subpoenaed has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged. You may contact an attorney and seek guidance.
AFF |
|
Did you find this post helpful? |
|
|
01-06-2018, 12:27 PM
|
#3 | |
|
Top Level Member
 Join Date: May 2016
Posts: 1,100
|
Re: Can I issue subpoenas in a small claims case in NY
Quote:
http://codes.findlaw.com/ny/civil-pr...sect-2304.html You'll need good cause which, I'm guessing, you don't have. So don't count on getting out of it. |
|
|
|
Did you find this post helpful? |
|
|
01-07-2018, 05:06 AM
|
#4 |
|
Top Level Member
Join Date: Nov 2011
Posts: 5,200
|
Re: Can I issue subpoenas in a small claims case in NY
It's not about who you like. Regardless of which side called you your testimony is to be factual truth.
|
|
|
Did you find this post helpful? |
|
|
01-10-2018, 12:04 PM
|
#5 |
|
Top Level Member
Join Date: Sep 2010
Posts: 8,182
|
Re: Can I issue subpoenas in a small claims case in NY
You could not deny a subpoena, but you can reveal the truth before the court regarding the incident.
|
|
|
Did you find this post helpful? |
|
|
01-11-2018, 06:36 AM
|
#6 | |
|
Top Level Member
Join Date: Mar 2008
Posts: 1,106
|
Quote:
|
|
|
|
Did you find this post helpful? |
|
|
01-23-2018, 09:43 AM
|
#7 |
|
Guest
Posts: n/a
|
Re: Can I issue subpoenas in a small claims case in NY
I agree--Let him know you will be saying things that likely wont help him.
Thats exactly what I did in the same situation. |
|
Did you find this post helpful? |
|
 |
| Bookmarks |
| Tags |
| None |
This thread has 6 replies and has been viewed 307 times
«
Previous Thread
|
Next Thread
»
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
Linear Mode
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Can I issue subpoenas in a small claims case in NY | MMYZ | Small Claims Courts | 7 | 01-06-2018 12:28 PM |
| Is there a Small Claims Issue here? Breach of contract? | Bear12 | Civil Litigation | 3 | 03-31-2012 08:58 AM |
| Do I have a small claims case? Please look! | AmberH1884 | Business Contracts and Partnerships | 1 | 07-18-2011 01:17 PM |
| Security Rent Refund Issue / Small Claims Court | Unregistered | Landlord vs Tenant Issues | 7 | 09-24-2010 02:01 AM |
| Stolen Dog: Is this a small claims issue? | slapshot21 | Small Claims Courts | 1 | 01-02-2008 02:57 PM |
All times are GMT -4. The time now is 12:10 AM.