Weird question regarding subpoenas

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My husband has been issued a subpoena to appear in court as a witness and I'm the worker and we have no babysitter for our AS toddler. Has anyone been in this situation? He may be in court for 3 days. I can't afford to miss work. Any suggestions?

What is it that you want to know ?

Your husband cannot ignore a subpoena - which is a court order to appear - without legal consequences for that action. Failure to obey the subpoena (especially if he is a witness in a criminal proceeding) would be considered a contempt of court that is punishable with fine or imprisonment (depending on the case and your jurisdiction).

If you cannot find anyone to watch your child, then you may have to skip work. The consequences of you not showing up for work are going to be less than his consequences of ignoring the subpoena to appear in court.

If you call the court ahead of time, they may be able to work with you. I got out of jury duty twice just by mentioning I have an autistic child.

You can call the court to plead your case. Is it that you have absolutely, positively nobody on those three days, and could possibly find someone on another day?

Or is it you could have someone, but it's not preferred? Or no one absolutely at all?

No sick days? No personal days? I don't know if you could get FMLA for this, but it is worth checking out.

I had a friend blow off a supoena, and he did get a bench warrant issued as was picked up. He got fines and jail time.

Worse case scenario, have your husband go to court with your toddler. Let the court sort it out. I get you gotta make the rent, but the courts don't care.

I would not blow this off.

I would definitely call the court, explain the situation and the hardship it represents. Sometimes, but not always, they can call a witness earlier in the process - so it might mean only one missed day of work at most or make it easier to find alternative childcare.

From a lawyer's forum. Modify to fit your situation:

"If its in your county, you are required to attend. I would call the attorney who has issued the subpoena and first share with him what information you have or don't have. He may conclude that he may not require your deposition. Second you can ask him if he can send a notary to your home to swear you in and then do the deposition over the phone. Third, you can ask him to move it somewhere closer to your home to make it more convenient. Fourth, you may just ask him to reschedule to a better date in time. Generally, attorneys will and should accommodate witnesses. They are required to pay you a nominal witness fee but not for child care. The above is not intended as legal advice."

I would definitely try to get across the difficulties of finding childcare for special needs kids.

Hubby did talk to the ADA before he was deposed (during our daughter's morning school class) and they guaranteed it wouldn't be more than a few hours one morning while our daughter was in school...and then the guy on trial plead out and he didn't have to appear. Worked out well for us. Unsure about the guy who got a plea bargain. All good advice from you guys. Thanks.

Thanks for the update! Glad it worked out okay.