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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

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I'm a prosecutor and some of these answers made me shake my head. Though, I will admit, that many jurisdictions handle things differently, so my reaction was based on my experience.

 

Sometimes judges set trials without much lead time because their schedule freed up.

 

The only employers I ever work through to subpoena an employee as a witness are phone companies (because with one exception, they have to be flown in) and the local hospital (since the doctors' scheduled are extremely hectic).

 

Contacting the court would be a HUGE no no. They have no control over who the prosecution subpoenas. Maybe there's another hotel employee that could testify, maybe not. I have absolutely gotten adjournments when witnesses were unavailable, but only after exploring alternate options.

 

Getting your hotel's legal counsel involved seems to be an over-reaction. That's billable hours charged to the hotel and that attorney likely knows absolutely nothing about the case, OP's testimony, etc. Start by just calling the prosecutor to discuss options.

 

 

Agreed! I wasn't going to contact our hotel's legal counsel unless I was not released from this subpoena. They wouldn't have come all of the way up here to tell the courts that yes, the video is, indeed from this hotel. That was why I was subpoenaed personally, as his manager. Not afraid to call them if I wasn't released, though... I'm excited for this vacation! Thanks for your words:)

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ducklite

ducklite

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This post!

 

I am an assistant to the GC at a huge medical center. Our staff attorneys get really ticked off when a subpoenaed employee/physician contacts opposing counsel.

 

 

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Please how in what reality the prosecutor is opposing counsel. This is a criminal case. The OP is a witness to the prosecutor, not the defense. This is not a civil case. The OP has already stated the hotel has not brought in their attorney.

 

 

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luddite

luddite

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Again, I'm not asking for legal advise, and it was kind for people to chime in and tell me their own stories or to try to reassure me. However, it is not kind to call someone STUPD.

 

 

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No one has called anyone any names.

Although....calling someone 'stupd' makes one think of a state of being.

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sanger727

sanger727

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I am chuckling at all of the armchair lawyers giving her advice. I think the best advice is that she contact the hotel lawyer and get them involved. There's no reason why she should have to contact the prosecutor herself.

 

None of us posting here, besides possibly OP, knows any of the particulars of the logistics and handling of the case. Whether she is the only witness, or whether there are several or many others scheduled to testify. Will they move the trial? Possibly. Will they allow her to give a deposition and then the prosecutor can present her testimony that way? Possibly.

 

I find it odd that the trial has already been scheduled, apparently she is a key witness, and the prosecutor decides to issue a subpoena to her with only 12 days advance notice. I would say this is poor on the prosecutor's part. You would think that the prosecutor would have worked with the hotel's counsel to determine availability of any hotel personnel who would need to appear at trial. It's the day before Thanksgiving. One of the heaviest travel days of the year. It's not unexpected that many people will be travelling that day and would be unavailable for a trial.

 

To OP: good luck! I hope it all works out for you. I would definitely be calling hotel counsel ASAP.

 

As someone who is involved in the court system every day I'm chucking at your naivety. What you are describing happens every. Courts are overloaded with these minor, non-violent crimes and yes, a 12 day lead time on a subpoena is pretty darn good where we are. I've seen them come out everywhere from 30 days to 1 days but a week is probably about average. And, no, there is no reason hotel counsel would be involved. OP was a witness needed the prosecutor thinks he/she needs, so she is needed for court. It's really that simple. Courts are generally accommodating to cooperative witnesses.

Edited by sanger727
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MarkusToe "Live from...." Rare

MarkusToe

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hmm, and in the US you are not entiteled to have your cost covered ?

 

Within germany you give the proof of the cost you have and you get it back...., in cash the same day....

including all transportation or in case you need a day of at work these cost...

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sanger727

sanger727

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hmm, and in the US you are not entiteled to have your cost covered ?

 

Within germany you give the proof of the cost you have and you get it back...., in cash the same day....

including all transportation or in case you need a day of at work these cost...

 

 

It sounds like you are suggesting that the court system in Germany compensates any costs you are out for attending court??? If so, LMAO, no. At our court you are expected to take of work if your work doesn't allow you to attend during business hours (most don't), arrange your own childcare, arrange your own transportation, pay your own parking.... and your compensation for being a witness is $6. Not an hour... just a flat $6. There is no compensation for any costs u are out, just thank you for doing your civic duty. :-)

 

Also the courthouse doesn't have cash, they issue the $6 as a check so you have the added inconvenience of having to go to the bank if you want to actually get it.

 

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Edited by sanger727
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ducklite

ducklite

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It sounds like you are suggesting that the court system in Germany compensates any costs you are out for attending court??? If so, LMAO, no. At our court you are expected to take of work if your work doesn't allow you to attend during business hours (most don't), arrange your own childcare, arrange your own transportation, pay your own parking.... and your compensation for being a witness is $6. Not an hour... just a flat $6. There is no compensation for any costs u are out, just thank you for doing your civic duty. :-)

 

Also the courthouse doesn't have cash, they issue the $6 as a check so you have the added inconvenience of having to go to the bank if you want to actually get it.

 

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Every company I have worked for over the past 20+ years (ranging from small mom & pops to major corps in three different states) has given paid time for jury duty and for appearing in court if you are subpoenaed.

 

Most banks and CU's now have apps for mobile deposits. You can also mail in checks for deposit or do it through the ATM.

 

I don't know of any court who doesn't give free parking to jurors, other than maybe in places like NYC where everyone takes mass transit anyhow.

 

Seems you have many unfounded complaints.

 

 

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sanger727

sanger727

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Every company I have worked for over the past 20+ years (ranging from small mom & pops to major corps in three different states) has given paid time for jury duty and for appearing in court if you are subpoenaed.

 

Most banks and CU's now have apps for mobile deposits. You can also mail in checks for deposit or do it through the ATM.

 

I don't know of any court who doesn't give free parking to jurors, other than maybe in places like NYC where everyone takes mass transit anyhow.

 

Seems you have many unfounded complaints.

 

 

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Ok, I only appear in court 2-3 times a week for the past 9 years. Guarantee you that no free parking is available for witnesses or jurors for the Hamilton county court house (Cincinnati, oh). I realize the mobile apps let you deposit checks, just poking fun at the ridiculously low amount of compensation they offer, you cannot pay to park anywhere close to the courthouse for $6. And no, hourly jobs generally don't let you appear in court during your working hours; and that represents a majority of the victims and witnesses I deal w. (Police office if you haven't already guessed)

 

And I'm actually in the same boat. Have to use my personal car to go to work and pay for parking. If I'm appearing for a work related case, the city does pay me a fair wage (since it's part of my job). If I was appearing on a personal matter, I would be required to take off work for it.

 

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Edited by sanger727
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ducklite

ducklite

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Ok, I only appear in court 2-3 times a week for the past 9 years. Guarantee you that no free parking is available for witnesses or jurors for the Hamilton county court house (Cincinnati, oh). I realize the mobile apps let you deposit checks, just poking fun at the ridiculously low amount of compensation they offer, you cannot pay to park anywhere close to the courthouse for $6. And no, hourly jobs generally don't let you appear in court during your working hours; and that represents a majority of the victims and witnesses I deal w. (Police office if you haven't already guessed)

 

And I'm actually in the same boat. Have to use my personal car to go to work and pay for parking. If I'm appearing for a work related case, the city does pay me a fair wage (since it's part of my job). If I was appearing on a personal matter, I would be required to take off work for it.

 

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Sounds like you should maybe speak to the court about offering free parking for jurors. All of the companies I've worked for will give paid leave for jury duty and if you are subpoenaed as a witness in a civil or criminal case. (But won't if you are a plaintiff or defendant unless you are the victim of a crime). There has been no difference between hourly or salary, and they type and size of the organization hasn't mattered.

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Philob

Philob

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Every company I have worked for over the past 20+ years (ranging from small mom & pops to major corps in three different states) has given paid time for jury duty and for appearing in court if you are subpoenaed.

 

Most banks and CU's now have apps for mobile deposits. You can also mail in checks for deposit or do it through the ATM.

 

I don't know of any court who doesn't give free parking to jurors, other than maybe in places like NYC where everyone takes mass transit anyhow.

 

Seems you have many unfounded complaints.

 

 

Sent from my iPad using Tapatalk

 

All of the above except the free parking for jurors. In the wonderful :rolleyes: City & County of San Francisco the only thing the court does for juror parking is telling you that there are 3 pay parking lots near the court house or take the bus.

Edited by Philob
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