Subpoena

Old Aug 22nd 2011, 3:51 am
  #1  
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Default Subpoena

Still here in the cold white north. Son (US Citizen) went back to the US last September and returned to Canada in May.

While there an alleged serious offense occurred between two (step) family members. Son wasn't at the house when this alleged incident took place but the defense want him to be a witness. They have said they will subpoena him.

We think this is all bravado and they won't do anything but just in case some knowledge would be useful.

So really the most important question is: can they subpoena across border?
If they can and he doesn't go can he be arrested when he goes back to the US?

thanks for any help.
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Old Aug 22nd 2011, 4:05 am
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Default Re: Subpoena

http://travel.state.gov/law/judicial/judicial_682.html
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Old Aug 22nd 2011, 6:57 am
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Default Re: Subpoena

I don't know what kind of case this is - criminal / civil, federal / state etc but as a practical matter if your son is in Canada it is unlikely that they will even bother to try to issue a subpoena.

If they do, and they actually succeed in serving him with the subpoena it is still extremely unlikely that he would have to appear. Since it appears that your son is just (believed to be) a witness and not himself a party in the case he can probably get the subpoena quashed on the grounds that it would be an undue burden for him to be required to appear.

Your son can probably avoid the issue completely by making it very clear to the defense attorney that, if he is forced to appear as a witness he is not going to be able to say anything that will help the attorney's client.
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Old Aug 22nd 2011, 4:38 pm
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Default Re: Subpoena

Thank you both for your replies. I am certain that this is just posturing by some of the people involved who think they can threaten our son. I am sure that if the defense attorney speaks to my son he will find him not helpful to the case. But just in case I wanted to be armed with facts.
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