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.

[AFFA]

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

[adjusterjack]

Originally Posted by Jenna282

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.

One option is to file a motion to quash the subpoena. See NY Civil Practice Law and Rules Section 2304:

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.

[goddessoflubboc]

It's not about who you like. Regardless of which side called you your testimony is to be factual truth.

[Lexus]

You could not deny a subpoena, but you can reveal the truth before the court regarding the incident.

[olive]

Originally Posted by Jenna282

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.

You might let him know you intend to be a somewhat hostile witness; if he doesn't think you support him, he may not even want you there regardless of your obligation to tell the truth.

I agree--Let him know you will be saying things that likely wont help him.
Thats exactly what I did in the same situation.

Originally Posted by adjusterjack

One option is to file a motion to quash the subpoena. See NY Civil Practice Law and Rules Section 2304:

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.

I tried this and the judge shot it down big time.
It seems it s pretty hard to get out of the appearance once subpoenaed.

Originally Posted by Jenna282

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.

You still have to go if it is issued. But most court participants don't want a witness that might not say what that participant wants to hear.