Friday, April 17, 2009

Widmer Jurors Subpoenaed: What's a Subpoena?

A number of jurors in the Ryan Widmer murder trial were subpoenaed recently. While we've all heard the term banded about in TV shows, movies, or the news, the actually meaning of a subpoena eludes most. The word itself is a little strange and ominous (rightly so, word origins: "sub poena," latin for "under threat of punishment") This can usually lead to panic when one receives a subpoena via mail or sheriff's service. A basic understanding of the subpoena process can make things less traumatic.

Look at a trial as a party that the lawyers and judge are throwing. A subpoena is an invitation to this party. Sometimes, a subpoena even tells a witness that they need to bring something to the party. It gives a date and time for witnesses to appear in court. However, no RSVP is needed. You MUST show if subpoenaed unless subsequently notified by the court. Failure to appear in court could result in contempt of court proceedings.

Now for the boring legal workings. Both sides in a court proceeding put together witness lists and submit them to the court. The court compiles the witness list and determines when each witness will need to appear. The court then issues subpoenas to each and every witness either side plans to call when presenting their respective cases.

If you receive a subpoena and are worried about legal action being taken against you through your testimony, then you should contact an attorney immediately. Otherwise, just follow the instructions on the subpoena, show up in court on time (judges love early), and tell the truth. The only thing scary about the process is the word.

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