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Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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My daughter recently served on a jury. The case involved a

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My daughter recently served on a jury. The case involved a girl that was raped. He was found guilty on two of the twelve charges. Since the trial, she has been dwelling on the things she saw and heard and is worried that she might be called back to testify as to how the jury came to their conclusions. The worrying started when one of the jurors called her telling her that one of the other jurors called the defense attorney and offered to help him. The defense attorney asked her to call the other jurors and ask if it would be okay for him to contact them. My daughter has always been a worrier and that call tipped her over the edge. She went to a doctor and she has now be diagnosed with several mental conditions. He has told her that he will not allow her to testify or be questioned. She is still worried that a medical excuse is not enough to override a subpoena. Everybody is convinced she will not be called but her. Please advise if a medical excuse will override a subpoena. Thanks.

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

First off, it is extremely extremely unlikely that she would actually be called to testify on how the jury reached it's conclusion. This would ONLY occur, possibly, if an appeal were filed based on juror misconduct.

There are no set rules regarding whether subpoenas overcome medical excuses or not. Typically, the court would try to provide her with some accommodation to maintain testimony, but a doctor cannot prevent her from testifying if it comes down to it, only the court can rule on that.

She could make a motion to quash the subpoena, and the court could decide to quash it based on her medical excuse, but it would be more likely to instead require a deposition or declaration instead of subpoenaed trial testimony.

But do keep into account that it is an extremely remote possibility that she would actually be subpoenaed to testify in this matter. (And if there's no appeal filed within the first few months, it's basically a certainty that this won't happen).

I hope the above information is helpful.

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Thanks and best of luck!


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