“Obamacare” is the informal name for The Patient Protection and Affordable Care Act (PPACA), a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law (along with the Health Care and Education Reconciliation Act of 2010) is the principal health care reform legislation of President Obama’s administration.
The PPACA basically requires adults not covered by insurance plans to maintain health insurance coverage or pay a penalty. The Act also affects certain aspects of the private health insurance industry and public health insurance programs, requires insurance coverage of pre-existing conditions, and seeks to extend coverage to 30 million uninsured Americans. The Obama administration projects the Act will both lower future deficits and Medicare spending.
The PPACA is a Democratic-based Act. The vast majority of Republicans are strongly opposed to the law, as you have probably seen on T.V. The Act passed the Senate on December 24, 2009 by a vote of 60–39 with all Democrats and two Independents voting ion favor of the bill and all but one Republican voting against it. It passed the House of Representatives on March 21, 2010, by a vote of 219–212, with 34 Democrats and all 178 Republicans voting against the bill.
A majority of the states (including Alabama) and numerous organizations and individuals, filed actions in federal court challenging the constitutionality of the PPACA. On June 28, 2012, in the case of National Federation of Independent Business v. Sebelius, the Supreme Court upheld the majority of the law.
The PPACA includes numerous provisions to take effect from 2010 to 2020. Some of the major things the PPACA requires including the following:
- Insurance companies will be required to offer the same premium to all applicants of the same age and geographical location without regard to most pre-existing conditions (excluding tobacco use).
- All persons not covered by insurance from their employer, Medicaid, Medicare or other public insurance programs, must purchase an approved private insurance policy or pay a penalty.
- Medicaid eligibility is increased to include more people.
- Low income persons and families not eligible for Medicaid will receive federal support to purchase insurance.
- Minimum standards for health insurance policies are to be established and annual and lifetime coverage caps will be banned.
- Firms employing 50 or more people not offering health insurance will have to contribute to their employees insurance in many cases.
- Small businesses will receive federal benefits in many cases where they provide insurance for employees.
- Co-payments, co-insurance, and deductibles are to be eliminated for health care insurance benefits considered to be part of an “essential benefits package.”
Traditionally republican states like Alabama and others, however, are opposed to the PPACA and have made is clear that they will not impose the new law. Next week we will take a look at why Alabama is opposed to this health care reform and what it means for the State to refuse to cooperate with the federal government in following the PPACA.
As we all probably know, Roger Clemens has been back in the news following his recent acquittal. As you will remember, a federal grand jury indicted Clemens on August 19, 2010 on charges of making false statements to Congress about his use of steroids. The indictment charged Clemens with one count of “contempt of Congress,” three counts of “making false statements” and two counts of “perjury” in connection with his February 2008 testimony to Congress.
Clemens’ first trial began on July 13, 2011, but on the second day of testimony the judge in the case declared a mistrial after prosecutors showed the jury evidence they had previously been told by the judge not to show. The verdict from his second trial came in on June 18, 2012. Clemens was found not guilty of all charges. When all this hit the news again, a friend of mine asked, “What exactly was Roger Clemens charged with?”
Most reporters are incorrectly stating that Clemens was found innocent of six counts of perjury when, in reality, he only had two counts of perjury. The first crime listed on his indictment was for “contempt of congress.” Contempt of congress is the act of obstructing the work of the United States Congress or one of its committees. Historically the bribery of a senator or representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a Congressional committee — usually served on someone to force them to testify or produce documents.
For example, if a person receives a subpoena from Congress, and refuses to fully carry out what the subpoena orders, congress can issue a “contempt citation.” The presiding officer of the chamber is then instructed to refer the matter to the U.S. Attorney. It is then the duty of the U.S. Attorney to refer the matter to a federal grand jury for potential prosecution. The punishment for contempt of Congress includes a jail penalty is not less than one month or more than twelve months, with a potential fine.
Clemens other charges were “perjury” and “making false statements.” Perjury is the willful act of lying while under oath concerning matters material to a judicial proceeding. Therefore, the lie must be made under oath at a hearing and must affect the outcome of the hearing. For example, if a sworn witness lies about his age in court, this lie is only considered to be perjury if the man’s age affects the outcome of the case. Perjury carries a prison sentence of up to 5 years.
“Making false statements” prohibits lying to a federal officer or concealing information from a federal officer. Essentially, a “making false statements” charge is the same as a “perjury” charge without the requirement that you be under oath. To prove a “making false statements” charge, the government must show that the witness lied to a federal officer in order to “undermine functions of governmental departments and agencies.” This crime carries a fine and a prison sentence of up to 5 years, just like perjury.
After explaining all this, my friend then asked, “Why did the government spend so much time and money on THAT?” This may be the best question of all!
George Zimmerman has become a famous (or infamous) name recently. Most people have heard about Zimmerman, who was charged with killing Trayvon Martin a few months ago. Anyone who has been closely following the case also knows that Zimmerman was released from custody on a $150,000.00 bond in April of this year. A few days ago, however, Zimmerman’s bond was revoked. This bond revocation has caused one reader to question how and why Zimmerman could be ordered to return to jail after being released.
Under Alabama laws of criminal procedure, with very limited exceptions, a person has a right to be released on bond while awaiting his trial. In its simplest form, bond (or bail) requires either money or property be placed in control of the court as assurance that the defendant will show up for court appearances related to his case. If the defendant fails to appear, the court can declare the money or property “forfeited” and issue a warrant for the immediate arrest of the defendant.
As a condition of bond, the defendant must at least (1) appear to answer and submit to the orders of the court; (2) refrain from committing any new criminal offense; (3) not depart from the State without permission from the Court; and (4) immediately notify the court of any change of address. The court can also place other requirements on the defendant, such as submit to random drug testing, make payments into the court for any future costs or fines, etc.
Alabama criminal procedure sets up “recommended ranges” for bond amounts, which vary depending on the type of charge. For example, for a class C felony the recommended range is $2,500 to $15,000; for a class B felony $5,000 to 30,000; for a class A felony $10,000 to $60,000; $15,000 to $75,000 for murder; $5,000 to $1,500,000 for drug trafficking, and so on. The amounts can be adjusted up or down based on several factors including: the severity of the crime, the risk of the defendant fleeing, the criminal history of the defendant, and the ability of the defendant to actually pay the bond.
During Zimmerman’s bond hearing, Zimmerman’s wife testified that she had no money to post bond for her husband. Considering the Zimmerman’s financial status, and the severity of the crime, the court set Zimmerman’s bond at $150,000, which some people considered to be low. Zimmerman’s family posted the bond and he was freed.
Later, however, prosecutor Bernardo de la Rionda discovered that the Zimmerman’s had raised over $135,000 from the public which was not disclosed to the court at the bond hearing. Bernardo de la Rionda called Ms. Zimmerman’s testimony about her financial condition “a blatant lie.” The judge, obviously upset about Ms. Zimmerman’s untruthful testimony, ordered Mr. Zimmerman to return to jail.
This is a perfect example of probably one of the most important rules to remember in a bond hearing (or any other court proceeding) – never lie to the judge. Lying to the court is almost always justifiable grounds for the court to change its mind on a ruling. In this case, it may mean that Zimmerman has to remain in jail while awaiting trial, even though he didn’t violate any of the “standard terms” of his release. Additionally, it makes others question his credibility, which will always be an issue at trial.
Recently, the Cherokee County Commission passed certain sewage ordinances for areas within the Alabama Power Flood easement around Weiss Lake due to take effect July 9, 2012. These laws not only provide guidelines for sewage disposal, but also give the Cherokee County Health Department the ability to create rules and regulations regarding sewage disposal inside the flood easement.
The Health Department’s “Sewage Regulations” are set to take effect July 9, 2012 and mainly focus on “holding tank” regulations as well as hook-up requirements to “sanitary sewage systems” within the Weiss Lake flood easement.
A “holding tank” is defined as “a water-tight receptacle for the collection and temporary retention of sewage . . . designed and constructed to facilitate removal and ultimate disposal at another site.” “Holding tanks” do not include sewage collection tanks on board a recreational vehicle or travel trailer. A “sanitary sewer system” is defined as a properly permitted public or private sewer system, including “decentralized” systems like a cluster wastewater system or community wastewater system.
According to these rules, anyone wanting to use a holding tank for sewage disposal must first obtain a permit from the Cherokee County Health Department. Application for such a permit is made by submitting an application form provided by the Health Department. Holding tanks will not be permitted, however, if there is an available connection to a sanitary sewer system, or if a sanitary sewer system becomes available. In other words, once an approved sanitary sewage system becomes available, you must hook onto it.
A permit for an existing or new temporary holding tank requires you to be contracted with a licensed sewage pumper for periodic pumping. Reports of holding tank pumping must be submitted to the Health Department as specified in the holding tank permit or as otherwise required by the Health Department.
Although you can get a permit for holding tanks installed and used prior to July 9, 2012, you must prove to the Health Department that the holding tank was intended by the manufacturer to be used for sewage storage or that the existing holding tank has been inspected and certified in writing to be structurally sound and suitable for sewage storage by a professional Alabama licensed engineer. Holding tanks installed on or after July 9, 2012 must also be certified and have a minimum capacity of 1,000 gallons per day or be 25% larger than the projected sewage flow accumulation between scheduled pumping, whichever is larger.
The amount of the fee for a holding tank permit shall be designated in accordance with Alabama law, but shall not exceed $150.00 unless approved by the Cherokee County Commission.
Clients and people in the community will often ask me to explain the difference between and “grand jury” and a “regular jury.” Many people (like myself, before I became a lawyer) have no idea what the purpose is behind a “grand jury.” In the United States, the grand jury was formally established through the creation of the Fifth Amendment to the United States Constitution. At its roots, the grand jury is supposed to function like a group of “neighbors” to help the state and society by bringing criminals to justice, while at the same time, protecting the innocent from unjust accusations.
In the federal system, the grand jury decides whether someone should be formally charged (or “indicted”) for a serious crime. The grand jury may only evaluate evidence presented by the prosecutor—a specialized attorney of the United States government. Most states, like Alabama, use the same federal grand jury system to indict, or being formal charges against criminal defendants.
A grand jury is a group of citizens, typically chosen from the same pool as trial jurors. Members of a grand jury are sworn by a court to hear evidence presented by the prosecutor regarding a case. A grand jury is always composed of no less than 12 and no more than 23 people; in a federal court, the number is no less than 16 and no more than 23.
Unlike a trial jury — which determines whether a criminal defendant is innocent or guilty by unanimous vote — a grand jury can indict a defendant with a majority vote. Again, only the trial jury will decide whether a defendant is guilty or not guilty of the crime in question; however, a grand jury will listen to evidence and decide if a suspect should be charged with a crime. As a result, the grand jury is only responsible for determining whether the State has probable cause to bring a charge against a person.
Because the grand jury’s primary responsibility is to determine probable cause, it will not hear all the evidence or conflicting arguments associated with the case. The information provided to the grand jury is delivered by the prosecutor. In fact, the suspect’s lawyer is not allowed to be present during presentation to the grand jury, and is not really even allowed to know when the grand jury convenes. Although suspects themselves can testify in front of the grand jury, the State is under no obligation to notify the suspect that his case is being presented.
A grand jury will use the power of the court system to command (through the issuance of a subpoena) the delivery of evidence. Further, the grand jury may invite witnesses to provide testimony, although this rarely happens. There is no judge present during grand jury proceedings during the exchange of evidence and information. In fact, the entire grand jury proceedings are overseen by the prosecution. Once the grand jury has made their decision, they will either issue a “true bill,” meaning that the state had probable cause to charge the suspect, or a “no bill” which in effect dismisses the action for lack of probable cause.
People often come into the office with notices regarding lotteries they have won, or money that is reportedly being held for them from an unknown rich deceased relative’s estate. Much to their disappointment, these people find out that these are scams. This week and next, I will list some of the more common scams to watch out for, all of which are geared to either steal your money or identity.
Sweepstakes, lottery, and “money holding” scams. These scams come in all shapes and sizes, but the bottom line is almost always this: You’ve won, inherited, or are being asked to hold a whole lot of money, but in order to claim it you have to send a smaller amount of money back to the people from which you received the notice. These kinds of scams often use foreign royalty, celebrities or other famous names to make their offer seem more genuine. If it’s a sweepstakes or lottery notice, and you aren’t sure, don’t click on the link but instead go directly to the homepage of the company mentioned. If they are really giving away $1 million, there will be some kind of announcement on their website. If the notice is from a person from another country asking you to hold money for them, just ignore it.
The “secret shopper” scam. There are a lot of “secret shopper” scams, work-from-home scams, and other phony job offers out there. Emails, websites and online applications all look very professional, and the candidate is even interviewed for the job (usually over the phone) and then receives an offer. In order to start the job, however, the candidate has to fill out a “credit report” or provide bank information for direct deposit of their “paychecks.” These forms are nothing more than a way to capture sensitive personal data – Social Security number, bank accounts, etc. – that can easily be used for identity theft. And, of course, there is no job.
Check cashing scams. Legitimate companies like Craig’s List and Western Union are used for an inordinate amount of scamming these days — especially check cashing scams. Here’s how it works: Someone contacts you via a Craig’s List posting, maybe for a legitimate reason like buying your old couch or perhaps through a scam like hiring you as a secret shopper. Either way, they send you a check for more than the amount they owe you, and they ask you to deposit it into your bank account and then send them the difference via Western Union. A deposited check takes a couple of days to clear, whereas wired money is gone instantly. When the original check bounces, you are out whatever money you wired…and you’re still stuck with the old couch.
“Debt relief service” scams. In challenging economic times, many people are looking for help getting out of debt or staying out of foreclosure. Unfortunately, almost as many scammers appear to take advantage of these desperate situations. Because the federal government announced or expanded several mortgage relief programs recently, all kinds of sound-alike websites have popped up to try to fool consumers into parting with their money. Some sound like a government agency, or even part of the Better Business Bureau or other nonprofit consumer organization. Most ask for an upfront fee to help you deal with your mortgage company or the government (services you could easily do yourself for free), and almost all leave you in more debt than when you started.
“Phone cramming.” This is a relatively new scam that has arisen out of the nation’s expanding use of texting. The phone cramming scammer sends a strange, sometimes nonsensical, text through an undisclosed number. A second text then arrives with instruction that if you would like for these type texts to stop, all you have to do is reply “STOP.” What you are really doing when you reply is authorizing bogus charges on your phone bill that go straight to the scam artist. If you receive a strange text from an undisclosed number, or someone you don’t know, and the ask you to reply — don’t.
Last week we discussed several scams to be wary of. Here are a few more internet based scams to look out for.
“I need your sensitive information” scams. There are a million ways to steal someone’s identity. Usually, someone will call or email you saying there is some huge mix-up that requires you to immediately give out some sort of sensitive, personal information. Many times these scammers represent to be your bank. A new variation of this scam has become so prevalent that many hotels are posting warnings in their lobby. Here’s how it works: You get a call in your hotel room in the middle of the night. It’s the front desk clerk, very apologetic, saying their computer has crashed and they need to get your credit card number again, or they must have gotten the number wrong because the transaction won’t go through, and could you please read the number back so they can fix the problem? Scammers are counting on you being too sleepy to catch on that the call isn’t from the hotel at all, but from someone outside who knows the direct-dial numbers for the guest rooms. By the time morning rolls around and you are clear-headed, your credit card has been on a major shopping spree. Bottom line – never give out information about yourself unless you are absolutely sure who you are giving it to.
Social network scams. On the Internet, it’s easy to pretend to be someone you are not. Most likely we are not really friends with all 897 of our “friends” on Facebook. With so much information about us online, a scammer can sound like they know you. The most recent version of this scam appeals to our natural curiosity by appearing to be a message from a friend. Viral videos claiming to show everything from footage of Osama bin Laden’s death to the latest celebrity hijinks to even videos of you doing unspeakable things have shown up on social media sites often looking as if they have been shared by a friend. When you click on the link, you are prompted to “upgrade your Flash player,” but the file you end up downloading contains a worm that logs into your social media account, sends similar messages to your friends, and searches for your personal data. The next time you see a sensational headline for the latest viral video, resist the urge to open it.
Penny auction scams. Sales scams are as old as humanity, but the Internet has introduced a whole new way to rip people off. Penny auctions are very popular because it seems like you can get something useful – cameras, computers, etc. – for way below retail. But you pay a small fee for each bid (usually .50 to $1.00) and if you aren’t the winner, you lose that bid money. Winners often are not even the top bidder, just the last bidder when time runs out. Although not all penny auction sites are scams, some are being investigated as online gambling. If you engage in penny auctions, treat them the same way you would legal gambling in a casino – know exactly how the bidding works, set a limit for yourself, and be prepared to walk away before you go over that limit.
“Phishing” scams. Hundreds of thousands, perhaps millions, of people have gotten emails that very much look like an official notice from a legitimate business like the Better Business Bureau. The subject line says something like “Complaint Against Your Business,” and the instructions tell you to either click on a link or open an attachment to get the details. If you do either, a malicious virus is launched on your computer that can steal banking information, passwords and other critical pieces of information needed for cyber-theft. Anyone who has opened such an attachment should run a complete system scan using reputable anti-virus software. If your computer is networked with others, all machines on the network should be scanned, as well.
The Cherokee County Commission is reviewing and potentially voting on a sewage disposal ordinance today that would affect those who own property on and around Weiss Lake. Following is a summary of what the new ordinance proposes.
The purpose of the ordinance is to “protect the public’s health by protecting the water quality of Weiss Lake, the primary water source for citizen’s of Cherokee County and to minimize the adverse health effects of the improper illegal disposal of sewage.” In order to protect the public’s interest, the ordinance proposes to “adopt and implement rules and regulations regarding the abatement of improper or illegal disposal of sewage in the Alabama Power flood easements around Weiss Lake.”
The ordinance establishes that treating or disposing of sewage by a means that is not approved of [permitted by the Cherokee County Health Department is a “public nuisance.” The ordinance basically sets up an alliance between the County Commission and the County Health Department, where the Health department will designate one or more employees as “Enforcement Officers.” These enforcements officers will have the authority to patrol the Alabama Power flood easement in an effort to identify “noncompliant properties.” Citizens can also make reports regarding noncompliant properties to the enforcement officer(s).
The enforcement officer is allowed to enter onto any premises where sewage is generated or discharged as necessary to investigate potential violations of the ordinance or to issue notices and/or citations for any violations. If the officer determines that sewage if being treated or disposed in an unlawful manner, he or she is required to post notice of the alleged violation on the property and send notice via certified mail to the owner of the property.
The notice warns the owner that if the property is not brought into compliance or approved by the Health Department within 30 days, a citation will be issued. The notice also warns that the owner of the property “shall be subject to fines and to the administrative fees equal to any costs incurred by Cherokee County in the event the county takes action to abate the sewage nuisance.”
If the owner has not come into compliance within 30 days of the posting of the notice, the officer can issue a citation that will note the violation, the fine and costs, the time period and method of paying the fines and costs, and information regarding how the owner may appeal issuance of the citation to the Cherokee County Commission.
A fine of $150 for each day the violation continues will be assessed for anyone failing to comply with the citation; however the total fine cannot exceed $5,000.00. All fines and fees collected shall be applied to the administration o the ordinance. Additionally, the commission may assess administrative fees equal to the cost of abating the nuisance if the problem is not corrected by the owner.
If the owner comes into compliance within 30 days, he or she is not liable for any costs of fines; however, upon a second citation within 12 months, the owner shall not be granted the opportunity to avoid payment of the fines and administrative fees.
A friend of mine called me one day last week and said that his daughter had been in an automobile accident. It seems that his daughter was riding as a passenger in a car with her friend. The driver lost control of the vehicle, running off the road and into a tree. My friend’s daughter suffered some severe injuries from the accident and the driver’s insurance company was giving him trouble about paying, even though the driver was clearly at fault. He asked me why the driver’s insurance company was reluctant to pay his daughter’s medical bills. The answer probably lies in Alabama’s “Guest Statute.”
A guest statute is law that makes it more difficult for a passenger in an automobile to recover damages from the driver for injuries received in an accident resulting from ordinary negligence on the part of the driver. Under the guest statute, passengers are generally limited to suits against drivers based on gross negligence, recklessness, or intentional misconduct. In other words, in an automobile accident case, the person who caused the accident is usually legally “negligent” and therefore responsible for the injured party’s damages. Under Alabama law, however, a passenger must prove the driver was not only negligent, but that he or she was grossly, or extremely, negligent or reckless in some way. Gross negligence is a much more difficult level of conduct to prove.
For example, a decision released recently by the Alabama Supreme Court, Phillips v. United Services Automobile Assoc., held there was no evidence of gross negligence in a single-vehicle accident where the driver took her eyes off the road in order to wave to friends in another vehicle, and then lost control, injuring a passenger. The driver may have been negligent, but not grossly negligent or reckless.
Arguably, the purpose of the guest statute is both to protect drivers from frivolous litigation and to protect insurance companies from collusive and fraudulent suits (where the passenger sues the driver in order to collect from the driver’s insurer). However, if my research is correct, all states in the United States have abolished their guest statute laws except for Alabama.
As with most other laws, there are some exceptions to Alabama’s guest statute law. For example, the Guest Statute does not apply to passengers who are on a business venture with the driver. Also, the Guest Statute does not apply to young children or incompetents due to their inability to consent to their status as a “guest” in the vehicle. Finally, the Guest Statute does not apply to guests who are paying their way or contributing to gas or maintenance of the vehicle.
Therefore, just because you or someone you know was a passenger in a vehicle and injured in an accident does not automatically mean that Alabama’s guest statute prevents recovery for damages. You should always, always speak with a lawyer when you have been in an accident. It is usually extremely important that a lawyer do a thorough investigation as quickly as possible after an accident in order to document and preserve information and evidence about the actions of the party at fault, especially when the guest statute law may apply.
Recently, a potential client came into my office to talk about a potential divorce action. Among the different things we discussed were the various “grounds” for divorce under Alabama law. She eventually questioned if it really mattered why she wanted a divorce. Actually, it does.
Under Alabama, a court cannot grant you a divorce unless you have stated a proper “ground” or legal reason why you are wanting a divorce. The various grounds for divorce accepted by Alabama courts are located in Alabama Code Section 30-2-1. Most people know the more common grounds for divorce like adultery, incompatibility, and/or an irretrievable breakdown of the marriage. However, under Alabama law there are several other grounds of which many people are not aware. Specifically, the circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, for one or more of the following causes:
“When the other party was, at the time of the marriage physically and incurably incapacitated from entering into marriage.” The party claiming this ground must show that the other party was physically (usually mentally) unable to legally agree to get married in the first place.
“Voluntary abandonment from bed and board for one year next preceding the filing of the complaint.” This is the divorce ground that most people are talking about when they claim their spouse has abandoned them. However, what most people don’t know is that in order to prove this ground, the claiming party has to show the abandonment has been for a full year before the filing of a divorce complaint.
“Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.” This ground is pretty self-explanatory. The imprisonment must be for two actual years and the actual sentence must be for more than seven years.
“The commission of a crime against nature, whether with mankind or beast, either before or after marriage.” This one doesn’t get used a lot, but “crimes against nature with mankind” in Alabama means homosexuality. “Crimes against nature with a beast” means just what you think.
“For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.” This ground covers all addiction to drugs and/or alcohol. I don’t know why the legislature specifically points out opium, morphine, and cocaine.
“When one party, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint.”
“In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge.”
“In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.” This ground covers instances of actual physical abuse.
Recently, I met someone in town who reads my article (to Scott Wright’s surprise, there is at least one). The gentleman told me he had recently been served with a subpoena to testify in court and asked if it were really mandatory that he appear. My answer was simply, “Yes.”
If you receive a subpoena from a process server, it is important that you know what this paper is and what it means to you. A subpoena is an order issued by the court requiring you to appear in person at a certain place, date and time to testify as a witness about a particular case. In a criminal case, you can be subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as well. In either kind of case, a subpoena may require you to provide documents.
Subpoenas may be delivered in person by a deputy sheriff or by any other person at least 18 years old who is not a party to the lawsuit and is not an employee of, or attorney for, any party to the case. Read the subpoena carefully. The subpoena will tell you: the names of the parties; the date, time and place you will need to appear; the name of the lawyer who issued the subpoena; and the location and type of court in which the lawsuit is taking place. If the subpoena requires you to bring certain documents or other objects, they should be described in the subpoena or in a separate paper given to you along with the subpoena.
You may object in writing to any subpoena, listing all the reasons you think it is unfair or unjust for you to appear or to produce such documents or objects. Objections should be filed with the court immediately, not on the date you are required to appear or provide the documents. You may want to consult with a lawyer to make sure that your objections are filed correctly and on time.
If you do not appear as the subpoena orders, you may be found in contempt of court. Contempt of court may result in a fine or even a jail term. The court may also require you to pay compensation fees to the parties who may have been damaged by your failure to appear. The court may also issue a warrant for your arrest and ask the sheriff to take you into custody and bring you to the place at which your testimony is required.
If it is impossible or extremely difficult for you to appear at the time required by the subpoena, call the lawyer for the party who issued the subpoena. Usually, the lawyer’s name, address and phone number will appear on the subpoena. He or she might be able to postpone your testimony so you could testify at another time. You should keep in mind, however, that the lawyer may not be able to change the date and time of your requested appearance if a court date is already established and cannot be moved. If it is absolutely impossible for you to appear, or if it would be seriously harmful to your health or business, you should seek the advice of your own lawyer to decide if there may be legal grounds for you to be excused.