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Called as a witness in a court case car accident (reckless…

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called as a witness in...
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: 2 years ago.Category: Traffic Law
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Answered in 43 minutes by:
2/17/2016
Traffic Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 5,455
Experience: Over 30 years of experience
Verified

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.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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