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Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 2848
Experience:  30 years of experience
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Called as a witness in a court case car accident (reckless

Customer Question

called as a witness in a court case for a car accident (reckless driving). i am planning on going on vacation and just got summons to appear when i will be away. do i have to cancel my trip?
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Not necessarily. Immediately contact the court and let them know of your conflict. Ask if you can testify by teleconference. Many Courts are now allowing witnesses to testify that way. But you have to make the request right away.

When you make the request , do so in writing. File it a a Motion to Allow Witnes to Testify Telephonically. Sned the request to the Court and to both parties' attorneys.

Here is what it should look like:

Follow the Summons as a format, copying the names of the parties and docket number.

***** *****

V. Docket # *****

***** *****

Motion to Allow Witness to Testify Telephonically

I, your name, have been called as a witness in the above matter.

The matter is scheduled to be heard on DATE.

I have a longstanding engagement and will be out of town and unavailable in person that date. I have made non-refundable deposits for this trip.

However I can be available to testify by telephone, and ask that the Court authorize and direct that my testimony be taken by Phone.

Very Respectfully Submitted,

Your Name and signature.

The Court may deny this, but more and more courts are providing for this type of situation.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.