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I've been subpoenaed - smack dab in the middle of our cruise!! HELP!

steffymi

By steffymi,
in Norwegian Cruise Line

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steffymi

steffymi

Posted
Posted (edited)

I manage a hotel, and one of my employees allegedly stole $700 from a guest. I have been subpoenaed to show in court on Nov 23, smack dab in the middle of our cruise.

 

1. No, I did not buy the insurance. (I don't need any lectures, it is clear that a lesson was learned here). Nor do I have flexible vacation time. I need to use this, or lose this.

 

2. I called NCL to see if I can buy the insurance now, and of course they said no... which does not surprise me. They did say I could possibly call NCL guest services to see what can be done, though it isn't very likely that anything will work out in my favor.

 

3. The prosecutor is the one who subpoenaed me, so my guess is they will just want me to verify that the video provided was from my hotel and verify dates and times. Of course, today is Veteran's Day, so the offices are closed. I will call on Monday to see about a change of date or a separate deposition.

 

So, my post is two-part... first just to vent, and secondly to see if any of you have any advice. I know my call on Monday will tell all, but in the meantime, any thoughts from you fine people would be welcome.

 

We sail Nov 19-26.

 

And seriously - who schedules court dates the day before Thanksgiving!

 

Thanks,

Stefanie

Edited by steffymi
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punkincc

punkincc

Posted
Posted (edited)

Does your hotel have an attorney who is representing the hotel in this matter against their employee? If so, I would contact them and explain your situation and ask if they can request a new date. Attorneys and prosecutors regularly ask for date changes. The grand daughter has been waiting for restitution in a simple case of criminal mischief which should have been cleared off the books years ago. 3 years and counting of dates set and then pushed back by agreement between the prosecutor's office and the defendant's attorney.

Edited by punkincc
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Lido_Deck

Lido_Deck

Posted
Posted
I manage a hotel, and one of my employees allegedly stole $700 from a guest. I have been subpoenaed to show in court on Nov 23, smack dab in the middle of our cruise.

 

1. No, I did not buy the insurance. (I don't need any lectures, it is clear that a lesson was learned here). Nor do I have flexible vacation time. I need to use this, or lose this.

 

2. I called NCL to see if I can buy the insurance now, and of course they said no... which does not surprise me. They did say I could possibly call NCL guest services to see what can be done, though it isn't very likely that anything will work out in my favor.

 

3. The prosecutor is the one who subpoenaed me, so my guess is they will just want me to verify that the video provided was from my hotel and verify dates and times. Of course, today is Veteran's Day, so the offices are closed. I will call on Monday to see about a change of date or a separate deposition.

 

So, my post is two-part... first just to vent, and secondly to see if any of you have any advice. I know my call on Monday will tell all, but in the meantime, any thoughts from you fine people would be welcome.

 

We sail Nov 19-26.

 

And seriously - who schedules court dates the day before Thanksgiving!

 

Thanks,

Stefanie

 

You really need a lawyer. It would be absolutely insane taking legal advice from this group.

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steffymi

steffymi

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You really need a lawyer. It would be absolutely insane taking legal advice from this group.

 

You never know, there might be someone who has gone through this before. I'm not getting a lawyer, I'm only a witness. I'll see what they say on Monday:)

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Turtles06 Great Review Rare

Turtles06

Posted
Posted

Since the OP mentioned that a prosecutor had subpoenaed her, this appears to be a criminal prosecution, meaning that there is not necessarily a hotel lawyer involved except perhaps to monitor the proceedings. But I assume the hotel does have a lawyer on retainter, and since the OP manages the hotel, a call to the attorney on Monday would be a good idea. He or she should intercede with the prosecutor to make it clear that the OP has a longstanding commitment to be out of the country on the day in question. Not that the OP would commit perjury if the prosecutor doesn't do his or her best to reschedule (the schedule may be totally up to the court), but no one wants to call an unhappy witness.

 

Alternatively, the OP could reach out directly to the prosecutor.

 

OP: good luck, I hope things work out for you!

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sweetlove13

sweetlove13

Posted
Posted

I've been subpoenaed a few times for work but never had to go to court & testify. I found that trying to contact the attorney (always the DA in my case) was generally unsuccessful even though I'd be testifying for their side. I always had to contact witness coordination at the court & talk to them then they would get info relayed. However, as others have stated, your hotel must have an attorney & that's probably your best bet. I wouldn't stress too much, I've learned from my experience & others' that these things are usually rescheduled. Good luck & enjoy your cruise!

 

 

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craig-n-carol

craig-n-carol

Posted
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I'm not sure if this is really relevant or not, but I was called for jury duty to appear during a cruise date. I responded to the court and claimed great financially implications for appearing at the designated time, and gave them my availability. I was excused to a later jury trial. I would think loss of a cruise fare would qualify as such, and give them your availability. But as mentioned before, I would not get legal advice here.

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Travelicious "Live from...." Rare

Travelicious

Posted
Posted

It is too late to cancel, so keep your plans to go on the cruise, at least until the last possible moment. It would not be at all unusual for the case to plead or be continued. The prosecutor most likely won't ask for a continuance to accommodate you, as the prosecutor has speedy trial considerations. However, if you make them aware of your situation, perhaps they wouldn't oppose a defense request for continuance.

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Budget Queen

Budget Queen

Posted
Posted
You never know, there might be someone who has gone through this before. I'm not getting a lawyer, I'm only a witness. I'll see what they say on Monday:)

 

What anyone else went through has nothing to do with you. Add to the mix different courts will have different procedures along with different states. I've been hauled into court with my job many times, and they didn't care what my situation was. I was expected to show up and a "vacation" would never have been any excuse.

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hartwickds

hartwickds

Posted
Posted
I manage a hotel, and one of my employees allegedly stole $700 from a guest. I have been subpoenaed to show in court on Nov 23, smack dab in the middle of our cruise.

 

1. No, I did not buy the insurance. (I don't need any lectures, it is clear that a lesson was learned here). Nor do I have flexible vacation time. I need to use this, or lose this.

 

2. I called NCL to see if I can buy the insurance now, and of course they said no... which does not surprise me. They did say I could possibly call NCL guest services to see what can be done, though it isn't very likely that anything will work out in my favor.

 

3. The prosecutor is the one who subpoenaed me, so my guess is they will just want me to verify that the video provided was from my hotel and verify dates and times. Of course, today is Veteran's Day, so the offices are closed. I will call on Monday to see about a change of date or a separate deposition.

 

So, my post is two-part... first just to vent, and secondly to see if any of you have any advice. I know my call on Monday will tell all, but in the meantime, any thoughts from you fine people would be welcome.

 

We sail Nov 19-26.

 

And seriously - who schedules court dates the day before Thanksgiving!

 

Thanks,

Stefanie

 

It's simple you write a letter to the court and cc the prosecutor advising you are out of the country on vacation and include a copy of the cruise ticket to both. Request that the trial be rescheduled. There is not a court that I am aware of that would not excuse you. The prosecutor than would request the trial be rescheduled as you are a key witness.

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zqvol

zqvol

Posted
Posted
I manage a hotel, and one of my employees allegedly stole $700 from a guest. I have been subpoenaed to show in court on Nov 23, smack dab in the middle of our cruise.

 

1. No, I did not buy the insurance. (I don't need any lectures, it is clear that a lesson was learned here). Nor do I have flexible vacation time. I need to use this, or lose this.

 

2. I called NCL to see if I can buy the insurance now, and of course they said no... which does not surprise me. They did say I could possibly call NCL guest services to see what can be done, though it isn't very likely that anything will work out in my favor.

 

3. The prosecutor is the one who subpoenaed me, so my guess is they will just want me to verify that the video provided was from my hotel and verify dates and times. Of course, today is Veteran's Day, so the offices are closed. I will call on Monday to see about a change of date or a separate deposition.

 

So, my post is two-part... first just to vent, and secondly to see if any of you have any advice. I know my call on Monday will tell all, but in the meantime, any thoughts from you fine people would be welcome.

 

We sail Nov 19-26.

 

And seriously - who schedules court dates the day before Thanksgiving!

 

Thanks,

Stefanie

 

Call on Monday. Continuances are granted all the time. I can assure you as a former defense attorney that you will be on your cruise. (Unless of course Michigan is weirder than the other 49 states. )

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ducklite

ducklite

Posted
Posted

I was subpoenaed as a witness to an accident when I was supposed to be on vacation. I called the ADA handling the trial and said I was scheduled to be out of town that week. He got a continuance and the trial began a week later. Easy peasy. You are a witness for the prosecution, they don't want you to become uncooperative. :)

 

 

Sent from my iPad using Tapatalk

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GeezerCouple Holiday Sharing Rare

GeezerCouple

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I'm not sure if this is really relevant or not, but I was called for jury duty to appear during a cruise date. I responded to the court and claimed great financially implications for appearing at the designated time, and gave them my availability. I was excused to a later jury trial. I would think loss of a cruise fare would qualify as such, and give them your availability. But as mentioned before, I would not get legal advice here.

 

This isn't relevant at all.

 

If one Juror needs to be excused, and IS excused, there should be plenty of other potential Jurors in the pool for the two sides and Judge to use to create the juries needed that day/week (however it is done in that particular jurisdiction).

 

OP was NOT called for jury duty.

OP apparently was called with some role as a WITNESS about some specific evidence.

The Court can't just "choose someone else".

 

:confused: :confused:

 

OP's best chance is to have an attorney contact the Court and request a delay.

These are requested often.

In OP's case, it should be obvious that the conflict was not something planned at the last moment in order to create a problem.

It should also be obvious that there would be a real and negative financial consequence.

 

Hopefully, the subpoena just arrived, so the Judge (and opposing sides) can't claim the request should have been more timely.

 

Good luck!

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LrgPizza

LrgPizza

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Posted (edited)
Write a letter to the judge hearing the case and explain the situation and if not excused ask if you can submit written testimony.

 

 

Sent from my iPhone using Forums

 

Absolutely not.

 

Call the prosecutor who subpoena'd you and explain the situation. See if they can do anything. DON'T contact the judge.

 

Hearings get moved all the time due to unavailability of key witnesses. You might not even be imperative. It's no big deal. Besides, 99% of cases are settled without the trial actually happening, and the prosecutor will know whether or not this trial is likely to even take place that day. You wouldn't want to cancel your trip and have the hearing not even happen. You MUST call the prosecutor who subpoena'd you. That is all you need to do right now. Depending on what you are told, you can look at other options.

 

And for God's sake, don't hire a lawyer. That is ridiculous. Just make a phone call yourself. It's not a big deal.

Edited by LrgPizza
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