[71SportRagtop]

Long story short, about 2 years ago I witnessed an accident where a car struck a pedestrian. It happened right in front of me while I was driving my tractor trailer.

When the Police came, I gave a statement because it happened right in front of me and I thought it was the right thing to do. Shortly afterwards I was contacted by a lawyer who wanted to come to my work and take a statement. I asked my company HR director and he said absolutely not. He told me to tell the lawyer to refer to the statement I gave to the Police and if they needed any more info they should subpoena me.

Well last night after almost 2 years I was served. I got a subpoena to appear at a local courthouse for a deposition.

Has anyone else ever done this?? Even though I was only a witness and not involved in any way, do I need a lawyer?

Any info or feedback is appreciated.

[Held for Ransom]

Of course a witness is involved. Make your appearance. Answer the questions as truthful as possible. If you don't remember things, answer with "It's been about two years since this happened. You'll have to refer to the statement I gave the officers on the scene at that time.". I hope the best for all, but lawyers always have a twisted outlook on life. Also, clear the calendar, as it's hard to cross examine a deposition.

[Bob Dillon]

Originally Posted by 71SportRagtop

Long story short, about 2 years ago I witnessed an accident where a car struck a pedestrian. It happened right in front of me while I was driving my tractor trailer.

When the Police came, I gave a statement because it happened right in front of me and I thought it was the right thing to do. Shortly afterwards I was contacted by a lawyer who wanted to come to my work and take a statement. I asked my company HR director and he said absolutely not. He told me to tell the lawyer to refer to the statement I gave to the Police and if they needed any more info they should subpoena me.

Well last night after almost 2 years I was served. I got a subpoena to appear at a local courthouse for a deposition.

Has anyone else ever done this?? Even though I was only a witness and not involved in any way, do I need a lawyer?

Any info or feedback is appreciated.

If you're going to the courthouse, it's more likely a trial than a Dep. Depositions are usually held at the lawyer's office. The name of the case should be on the subpoena; if it's "State vs. Joe Blow" it's a criminal matter and if it's "Jane Doe vs. Joe Blow" it's a civil suit for damages.

Either way, the advice above is good. Show up, tell the truth, and if you don't know, say "I don't know" or "I didn't see that."

And either way, expect a few postponements. These things almost never go off on time, at least in California.

Oh, and...if it's a civil suit, ask for witness and mileage fees as you had to miss work, drive to the courthouse, etc.

[Bob Dillon]

Originally Posted by Held for Ransom

Make your appearance.

"Make your appearance?"

I think we got a lawyer here, folks.

[mechanickeith]

You must appear. Unusual that its at a courthouse. Usually its at the lawyers office who served you with the summons for a deposition. As mentioned, answer as truthfully as you can. I have done several as a witness to accidents. None went to trial & were settled out of court. May want to get a copy of the original statement to refresh your memory. You have done nothing wrong & shouldent need a lawyer,,,but if you know one, wont hurt to give him a call & ask a few questions of your own.

[buds56]

I recently got a subpoena to appear at a lawyers office for a deposition about an accident case.( victim suing for big money)
I was pretty apprehensive at first, in fact I called the lawyer and told them I wouldn't be badgered or spoken to in a negative way.
It wasn't a big deal, about half an hour, answered some questions, they were pretty polite.

[njsteve]

(I am a lawyer but I don't practice any more) For informational purposes, a subpoena is for the witnesses to an event. They don't need a lawyer. A subpoena is the device used by court to officially notify a witness that they need to be at a certain place at a certain time for an official interview to get a recorded official version of what they saw. It is not for the trial - that would be a trial subpoena. It is an opportunity for both sides lawyers to ask you under oath what you observed. There will be a stenographer there as well (this is the person who types everything into that crazy little machine and then transcribes it for both lawyers).

I imagine that one side is suing the other over what happened ( a civil case) and they need the official statement for the record. Or that the guy has been charged with a criminal offense and it could later go to trial (a criminal case), but that seems unlikely given the time span since the incident.

Don't ignore it, it is a court order and if they want to be obnoxious (usually if a witness is repeatedly not showing up) they can apply for a appearance warrant which is actually an arrest warrant for the sheriff to go out and pick up a person who is refusing to appear for a subpoena. If your boss tells you to ignore it he can be criminally charged with obstruction of justice. And if he does something dumb like fires you for appearing under subpoena you will have a nice lawsuit against him.

You may be reimbursed for expenses such as parking and a meal so call the number back on the subpoena and get details on that.

[71SportRagtop]

Thanks for all the info. The day it happened I told my boss simply because you don't see a person being struck by a car every day. Later when a lawyer contacted me I told my boss and our company's director of HR. The HR director is the one who told me to NOT meet with the lawyer on company property and to have them refer to my statement to the police or subpoena me.

I contacted my company's HR director yesterday (Friday) but he had taken the day off. I'll know more Monday when he gets back to me. If I have to take a day off it's not a big deal as I have personal/sick time. I just hate to waste a personal day sitting around a courthouse waiting to be interviewed by a lawyer.

[njsteve]

Tell the lawyers about your job issues and that you will have to take a day off from work in order to attend. Verify whether you will be reimbursed for the money lost in appearing for the subpoena. You never know, depending upon the jurisdiction some states allow/require a set reimbursement amount for appearing.

It doesn't hurt to ask.

[Bob Dillon]

Originally Posted by buds56

I recently got a subpoena to appear at a lawyers office for a deposition about an accident case.( victim suing for big money)
I was pretty apprehensive at first, in fact I called the lawyer and told them I wouldn't be badgered or spoken to in a negative way.

They save that for the trial.

[Speargun]

Depositions at the courthouse are a common occurrence here. It's a centrally located place that's a lot easier to find than a lot of the lawyer offices and it's a convenient location for both lawyers.

Before the depo, ask to see a copy of your statement to refresh your memory.
If you're not sure of something, say so; don't guess.

Don't sweat it. Depending on the case, you'll probably spend less than 30 minutes in the depo.

[njsteve]

Also, a lot of times one side or the other will send out subpoenas in order to have the witness appear just to prove to the other side that the witness still exists. The opposing side then settles the case.

[Deadhead]

Originally Posted by njsteve

Also, a lot of times one side or the other will send out subpoenas in order to have the witness appear just to prove to the other side that the witness still exists. The opposing side then settles the case.

X2

In answer to the OP: Many times. Most of the time they call before the date and say it settled or they plead. Other times I get to testify against criminal scumbags. More people should try it.

[Region Warrior]

Got one years ago when a customer nearly lost an eye when a plastic wheel cover broke tring to change a flat tire.
Had to have couple surgeries, and sued for big bucks.
Our used car lot was buying "less expensive" aftermarket sets to install on cars with missing and/or damaged factory covers.

There was a court recorder and had to swear on the bible.
The attorney for the plaintiff tried to get me to say they where inferior to GM's.
Don't remember exact details. Was 15-20 years ago.

Having seen one for the first time, said finish and retention looked better then GM's.
He wanted me to say they where an inferior material.
Do I have an opinion, ya, but reality is, i'm just "a parts looker upper". No degree in engineering or anything close. Wasn't going to made into a pivot guy.

He tried every angle.
Told him, not being a engineer in design, material strengths, etc, I can not say way or the other.
Another answer was; all I know is factory parts are more expensive. Does that make them better? Or is it a matter or engineering and/or manufacturing expense in the US vs over seas? I don't know.
He didn't like that. After couple 2-3 more questions, he finally gave up.

[mess1153]

I got one once. I was a witness to a drunk driving situation where the guy went on a curb, hit a tree, cut across three lanes and crashed on the median. He then proceeded to run. The cops came and asked me if I saw where he went and I told them I did and they asked me to search with them. I found the guy hiding under the wooden stairs that led to the beach and pointed him out. He was then arrested. He almost killed all of us on the sidewalk so I wanted to help track him down.

A year later I get a subpoena to come and testify. I get to the courthouse, and sit in the back waiting for my turn. The defense attorney comes up to me and asks if I was the witness in the case and could I point out the defendant. I say yes, and I point to the guy sitting on the other side of the room and tell the lawyer that remember him like it was yesterday. Guy was a doctor or something. Since I was able to identify him the guy plead guilty and I was never even asked to say anything. Sometimes they just want to see if you remember and can testify to that fact.