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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29651
Experience:  29 years in civil, probate, real estate, elder law
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If a person is put on a states witness list, how does he/she

Customer Question

If a person is put on a state's witness list, how does he/she get notified about it?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.Here you would be subpoenaed.The constable likely comes by and you have to sign for it.It would have a date, time, and location for you to be present.You would then be expected and required to attend court on that date.The lawyer for the state may also call you when it gets close here to make sure you do not have questions about court and how to find it, etc.

RayAnswers :

Here is the law on how they do this.

RayAnswers :

48.031 Service of process generally; service of witness subpoenas.



(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.

(b) Employers, when contacted by an individual authorized to make service of process, shall permit the authorized individual to make service on employees in a private area designated by the employer.



(2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling.

(b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two or more attempts to serve the owner have been made at the place of business.



(3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness’s required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court.

(b) A criminal witness subpoena may be posted by a person authorized to serve process at the witness’s residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. The subpoena must be posted at least 5 days prior to the date of the witness’s required appearance.



(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness’s place of employment if the agency head or highest ranking official at the witness’s place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:
1. For a witness who is no longer employed by the agency at that place of employment;

2. If the witness is not scheduled to work prior to the date the witness is required to appear; or

3. If the appearance date is less than 5 days from the date of service.

The agency head or highest ranking official at the witness’s place of employment may determine the days of the week and the hours that service may be made at the witness’s place of employment.



(b) Service may also be made in accordance with subsection (3) provided that the person who requests the issuance of the criminal witness subpoena shall be responsible for mailing the subpoena in accordance with that subsection and for making the proper return of service to the court.


(5) A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process. The person serving process shall list on the return-of-service form all initial pleadings delivered and served along with the process. The person issuing the process shall file the return-of-service form with the court.

(6) If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location.

(7) A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
RayAnswers :

Here is a sample of what they look like..

RayAnswers :

It will have the date, court, time, etc that you are expected to appear.Subpoenas are a requirement to appear.If you don't appear you can be held in contempt.

RayAnswers :

And it is also possible here if the need for a hearing goes away they will contact you and tell you never mind.That happens when cases settle or people plead out.

RayAnswers :

If they want someone as a witness they will serve you with such a subpoena.

RayAnswers :

The law requires them to do so if they want to make sure you appear.

Customer:

My boyfriend is awaiting trial and after two years from the date he was arrested he got notified that I have been on the witness list and that he is violating his bond by keeping contact with me. So for 7 months we have been trying to get me removed from the list. However I never got subpeonaed. No one ever notified me that I am a witness

RayAnswers :

Then they would not expect you here to testify.It is possible they decided they didn't need you.Unless they subpoena you then you are in the clear.No obligation to appear.

RayAnswers :

Thanks for letting me help you.I appreciate the chance to do so.

RayAnswers :

They don't always call people for various reasons even if you are on a list somewhere.

RayAnswers :

You should not worry here if they haven't subpoenaed you then no obligation here to appear.

RayAnswers :

Thanks for letting me clarify.

Customer:

Well the thing is that I literary cannot return home where we lived with my boyfriend because he cannot speak or see me. That is quite an issue. The court date has not been set yet

Customer:

They keep telling him that i am a witness but they never notified me. All other witnesses have been interviewed but no one is trying to contact me on that matter

RayAnswers :

You will just have to wait until it gets resolved.I wish I could tell you otherwise.Time sometimes is a good thing as these things can get resolved even dismissed.I know its hard.But they are often looking to see if there is going to be more problems and since there has not been maybe it gets resolved.If they haven't subpoenaed you then you have no obligations until they do.

RayAnswers :

This makes me think they aren't really trying to pursue it, maybe they drop it or offer something good to him to resolve it, try to be patient.I know its hard.

RayAnswers :

It will eventually get resolved or dismissed.

Customer:

thanks for your help

RayAnswers :

You are so welcome.Thanks for the chat..

Ray, Lawyer
Category: Legal
Satisfied Customers: 29651
Experience: 29 years in civil, probate, real estate, elder law
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