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Author Topic: Can you rescind a witness subpoena in VA?  (Read 1832 times)

durandal

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Can you rescind a witness subpoena in VA?
« on: May 07, 2007, 03:03:57 PM »
Hello,

I sent out a witness subpoena in VA for an upcoming court date. Problems are outlined here:

1) The witness probably doesn't have anything substantial to contribute to my case. Although he was originally summoned to show the BM's habitual nature and the long-standing problems BM has had with the law, its been many years since the witness has had contact with the BM.

2) The witness holds a position in another nearby court system which puts him in a position where he probably knows both the judge and counsel for the case. The witness feels that this may put him in a compromising position politically.

3) The witness has notified me that he will be out of town during the hearing date.

What should I do about this? Since the witness was summoned by me to offer testimony to support my case, is it possible for me to excuse him? Or since the subpoena has been sent out, is it too late to remove him from the witnesses in the case?

I thought that, since I subpoenaed him for testimony for my case, that I could dismiss him from appearing. Is that not so?

thanks, durandal


mistoffolees

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RE: Can you rescind a witness subpoena in VA?
« Reply #1 on: May 07, 2007, 05:51:53 PM »
You could start by asking your court clerk. They'll know.

MixedBag

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RE: Can you rescind a witness subpoena in VA?
« Reply #2 on: May 08, 2007, 05:38:18 PM »
O.K., I'm not an attorney.

During the few rounds of court (not in VA), here's what I suggest.

Since he is "your" witness, you just don't call him to the stand once court starts.

My EX#2 listed tons of people that he was gonna call to the stand during our trial.  EX#2 showed his true colors when he was asked by the judge "How many witnesses are you going to have testify?"  EX said "high number".  Then judge cut right to the meat -- "And how many will actually be of value?"  or something like that -- and EX immediately cut his number in half.

And then EX didn't call ANY of them except Camilla.  

It was all to scare me....which didn't work.

Again, I'm NOT an attorney.

 

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