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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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About first hearing. Thanks for the last question. The plaintiff

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About first hearing.

Thanks for the last question. The plaintiff have three to four witness. Two are the doctor and his wife. They worked under the defendant. Another two (don't know they are considered or not) are the government investigator who interviewed doctor and staff mentioned above. They also collected information elsewhere. Do you think my attorney can subpoena all of them to testify?
My understanding is that if the investigator refuse to disclose their open case information, subponea is the only way to do so. Do they have to show at court in person to testify? Do you think the plaintiff and/or his attorney need to prepare all the necessary document together with witness in the first hearing?
Thank you for the new question.

Yes, you can subpoena all of them to testify. Your attorney should indeed be serving all of them to testify and if your attorney is not going to do so, you need to force the issue as the attorney is not being very thorough in the case.

As far as the investigator, most times they will not disclose anything about an open case without a subpoena and the court ordering them to disclose. If they are served a subpoena, they MUST honor the subpoena and if they do not you can ask the court to hold them in contempt, since as a government employee they are bound by their department rules to show up in court when subpoenaed.

The attorney needs to sit with the witnesses to prepare his case properly and if he is not at least meeting briefly with the key witnesses before trial he is not properly preparing for the case.




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Customer: replied 3 years ago.


Thanks. I assume there are enought time (a month from now) to subpoena them. I assume they are obligated. What is some of them cite reason like sick? Do they have to show in person? Also, will the plaintiff and defendant be at the hearing in person as well? Could the defendant use any reason such as sickness to change the hearing date? By the way, I should assume this is the only hearing to prepare all document, witness not a FIRST hearing. right?

 

 

Thank you for your response.

Yes, there is enough time one month prior to trial to subpoena them. They are obligated to show up in court. If they are really sick, they need to present a doctor's note to the court to prove so or you can have them held in contempt and ask the court to even issue a body attachment (arrest notice) on them for the contempt of court and also to fine them for not appearing. They absolutely have to show in person.

The defendant can waive his appearance and have his attorney appear for him, but if the defendant does not do so then they must be present in court as well. The plaintiff the same thing, they can waive appearance if they have an attorney, but if not they must be there or risk having their case dismissed.

Of course the plaintiff or defendant could be sick, but the court will require proof of the sickness.

Yes, this hearing is just to hear about whether or not the default should be issued, witnesses are not generally needed at this hearing.



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Customer: replied 3 years ago.

Just one more quick clearance.


Per the last sentence of your response, if this hearing is only about default judgement and no witness required, then my attorney does not subpoena the wintess (i.e. the doctor and investigator) and have them appear in court. Or I need to clarify what the hearing about. As far as I know, this hearing is scheduled due to defendant's motion of "not proper served". I may be focus on collecting the service document


(sheriff, special baliffs and warning order attorney) to prove the service appropriate. If this is what about then the wintness will be sheriff, speical bailiff and warning order attorney, not doctor/government investigator. I heard even if the services were done correctly, it is still up to judge to decide rule as default judgement or not. If not, then


further witness for prove of fraud etc will be in next hearing. I may need to clarify this from court, right?

You need to clarify exactly what this hearing is scheduled for. My assumption is that it is for deciding whether or not to vacate the default judgment or grant default judgment.

If it is about service, then the bailiff, sheriff, process server and warning order attorney would be the one to testify.
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