Do NOT Ignore a Subpoena in FL: What Personal Injury Clients Need to Know!

Under the law, a subpoena is "a writ ordering a person to attend a court". When the court decides to issue a subpoena for a person, this means the person receiving the subpoena does not have the choice whether they "feel like" appearing in court or not. Legally, going to court is the only option for those who receive a subpoena. Failing to appear in court after receiving a subpoena in Florida results in serious legal consequences with few exceptions.

Shaked Law Firm's experts explain the reasons why a subpoena is not something you can ignore in the state of Florida. Our legal experts also provide necessary insight into specific situations such as accident-relative hospitalizations that may prevent you from attending a court appearance.

What?is?a subpoena? Why did I receive a subpoena in my Miami, FL. Personal Injury case?

First of all, a question Miami-Dade lawyers commonly receive from clients who receive a subpoena is "what is it?" This is because some people may not fully understand the legal weight subpoenas hold. An expert Florida injury lawyer with experience always advises clients about the mandatory aspect of subpoenas. Lawyers want clients to understand that subpoenas are not ignorable. No matter the plans a client may have that day, the subpoena takes priority. Whether or not you need to appear at a specific court hearing is something only your lawyer can answer during conference.

When it comes to a subpoena, it's a court appearance that requires you to attend no matter what. There is usually no "rescheduling" of a subpoena court order due to a client's scheduling conflict. Cancel your plans. Show up in court promptly.

What happens if I receive a subpoena but choose to ignore it?

Next, it's important to understand that ignoring a subpoena has severe consequences. A lawyer with good intentions never suggests clients ignore a subpoena. This suggestion puts you at risk for serious legal consequences (such as arrest and jail time). However, should if you choose not to heed your lawyer's advice and ignore the subpoena anyway, the following is what may happen:

A subpoena is literally "a writ ordering a person to attend a court". Receiving a subpoena is not a suggestion to show up in court if you want to. A subpoena is the opposite of a suggestion: it's a legal requirement.

What is "failure to appear" after receiving a subpoena for your Florida Personal Injury case?

After failing to appear, a judge can issue a warrant for you. When a warrant goes out, it's possible a sheriff could pick you up and take you to jail until the next court date. Depending on the situation, the sheriff may even handcuff you and bring you to the courthouse against your will. Don't let this be you! In these cases, the judge is not happy.

After a failure to appear arrest, you must face the judge. Here, you must explain your choice to not to appear after receiving a subpoena ordering you to do so. There are instances where the judge may accept the explanation (see below.) For example, if a family member passes away suddenly, or you end up in the hospital, a judge considers these rare exceptions. These decisions are solely at the judge's discretion. In rare cases, a judge may allow you to go free. After all, injuries resulting from accidents cause unforeseen complications down the road.

As long as you're honest, credible, and never exaggerate the extent of your injuries, your FL Personal Injury lawyer can protect you from certain unforeseen circumstances out of your control.

What unforeseen circumstances count as credible when failing to appear after receiving a court order?

After receiving a subpoena, inform your lawyer if a situation arises which can delay or prevent you from attending a court appearance.

Credible unforeseen circumstances such as hospitalization or funerals are extremely rare. However, in cases of Personal Injury accidents, it's possible that a health complication may arise. If you suddenly require surgery or immediate medical attention, this is reasonable and not your fault. However, lying in an attempt to get out of a subpoena will not work. If you lie, this hurts the case. Documentation such as medical records or a family member's death certificate will be necessary to prove the validity of why you're failing to appear.

Read more: FL Rules of Civil Procedure

Thus, if you have no excuse for failing to appear, a judge may find you in contempt. (Contempt means purposely ignoring or defying a court order.) If a judge places you in contempt, he or she may sentence you to jail. This jail time can be days or possibly longer if you've previously skipped court dates. Work, lack of childcare, running late, or simply not wanting to attend a court appearance do not count as reasons to ignore a subpoena. If any of these issues arise, talk to your injury attorney! They can help you arrange to attend your court appearance on time.

Why is it important for my Miami, FL. injury lawyer to explain the contents of the subpoena?

Instructions regarding compliance are always within the subpoena documents. When something sounds confusing, it's important to ask the legal experts to explain. This is why after receiving a subpoena, the first thing you must do is contact your Broward injury lawyer to set up a conference as soon as possible. From there, the lawyer or a seasoned professional at the firm can look over the subpoena and give advice specific to your situation.

How do I prepare for a Florida court appearance after receiving a subpoena?

Under normal circumstances, subpoenas are straightforward: appear at such-and-such courthouse on such-and-such day at such-and-such time. However, it's always best to seek thorough explanation from a Florida legal expert regarding the reason for receiving the subpoena.

The time to have ask questions about the requirements within the subpoena is prior to the day of the court appearance. Scheduling a consultation with your Miami Personal Injury lawyer as far in advance as possible helps give you enough time to fully understand what happens on the day of. It also gives you time to rearrange your schedule, should a time conflict arise with your day-to-day schedule and the court date. (That means: cancel your plans for that day!) A subpoena can never be ignored. Therefore, never wait until the day of your court appearance to bring up a time conflict, questions about the reasons for the subpoena, or where you need to appear.

A lawyer with Board Certification understands what a subpoena requires. The experts working alongside the attorneys can help you understand why you're receiving a subpoena and what happens next. When looking at a situation in which there is a subpoena, nothing barring health complications or death should prevent you from attending court. Remember, our expert Florida accident lawyers stress the importance of appearing in court as the legal consequences of failing to do so can result in contempt and jail time.