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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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GA-HL I live in senior bldg in Denver. 3 residents (I am not one

Customer Question

I live in senior bldg in Denver. 3 residents (I am not one of them) have filed a temporary restraining order against another resident. Many residents from the building want to volunteer to testify. We were told we could voluntarily testify without being subpoenaed....this afternoon we were informed without being subpoenaed the judge will not let us speak. Is this true?

Thank you.
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Subpoenaed or not it will be up to the judge as to how much they have to hear to make a decision. And it also will depend on the amount of time available.

I suggest that the subpoena is only to ensure that a witness appear in court it does not guarantee that they will testify.


I further suggest that those who want to testify and may not be able to because of time constraints - write out what they want to say. Try to keep it as concise as possible. One page, if possible and then have it Notarized - sign it in front of a Notary. And then those can be submitted as an Affidavit for the judge to read and consider


Customer: replied 4 years ago.

Sam this was not the answer I needed. How are we supposed to get there and write the statements and get them notarized just before we go into the courtroom? that is ridiculous and does not make any sense!! This whole legal system is not worth anything. We wanted to go in there because we have all had run ins with this resident and we wanted to convince the judge that he's a danger and we need him permanently removed from the building the management has already started if diction procedures and he has threatened many of us and to find out at the 11th hour that we have to write out a statement and get them notarized just before we might be allowed to speak to the judge is just ludicrous I am not satisfied with your answer and I am NOT paying for it so thanks for nothing

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Expert:  Sam replied 4 years ago.



No one is saying you cannot go there. Subpoenas may be issued, if that is the route you want to go. However, the Subpoena does not mean that the Judge MUST allow anyone to testify. The court will allow what they need to hear. Everyone may not get a chance - subpoena or not. Which is what your question was about.

And so, in lieu of that, I am suggesting you can also have Affidavits for the court to consider and that way everyone who wants to be heard will be - just not verbally in the courtroom -

I am only trying to explain to you that when someone told you that if you Subpoena your witnesses the court has to let them testify - that is NOT Correct. The court does NOT have to allow anyone to testify. And so I offered the Affidavits as an alternative.