I hate the US Court System

elabron

elabron

New Member
So......we're supposed to check into POR Wednesday night and will be there for 3 nights before heading offsite for the remainder of our 2 week visit.

My wife has worked 10 hour shifts for the past 8 nights so she could get the amount of time of we needed for this trip......she's an ER doc in a level 2 trauma center, so it's pretty stressful. When her schedule came out, the ER director had given her an extra day off before we were to leave. So, since we're travelling with 1, 2 and 5 yr. olds, we thought we'd leave Monday AM, take our time getting there and maybe see about getting a room at one of the All-Star's Tuesday night.........just to give us an extra night to chill before hitting the parks Wednesday.

Well, Friday morning, a lawyer shows up in the ER and serves her with a subpoena to testify in a domestic violence case from 3 years ago.........on Tuesday morning! Anyone who's had to do this knows how these court procedings DRAG on and on and on. To quote Iago - "I'm so ticked off that I'm molting!"

3 days notice on a subpoena?!?!?!? Are you flippin' kidding me! :fork:
 
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DisneyPirate85

DisneyPirate85

New Member
I can relate...

Last year in July I forgot to turn off the ole' cell phone and our Prosecuter called ref an arrest that I made 9 months before. Needed to "Just ask a few questions". Then she says "I know your on vacation in Disney".....the actual hearing was scheduled for sometime in Nov... 4 MONTHS AWAY! When I pointed that little fact out she apoliged and hung up. Needless to say cell phone does not go on vacation with me anymore.

I'm so SORRY for you guys! I HATE DOMESTIC trials.:fork:
 
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Monty

Monty

Brilliant...and Canadian
In the Parks
No
Perhaps she could contact whichever lawyer it is that subpoenaed her and ask if they could schedule her in such a way that she could appear after your return? As you say, these things tend to drag on and on, they may not actually need her on Tuesday. If she's actively trying to cooperate while still not missing your vacation, they may be willing to reach a compromise [just make sure she has something in writing reflecting whatever is agreed to].
 
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kirksheppard

kirksheppard

Well-Known Member
Don't mean to be rude... but a little perspective

I don't know the details obviously and while I understand your frustration, any help your wife can give to an alleged victim of domestic violence probably outweighs the benefit to your family going on vacation.

Its not the court system that's the problem; its society that tolerates family violence so much that an ER doctor would be called to testify in order to settle a case.
 
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M

MouseMadness

Well-Known Member
kirksheppard said:
I don't know the details obviously and while I understand your frustration, any help your wife can give to an alleged victim of domestic violence probably outweighs the benefit to your family going on vacation.

Its not the court system that's the problem; its society that tolerates family violence so much that an ER doctor would be called to testify in order to settle a case.
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I dunno :shrug: I assume, as any doctor has to do, her dictation was made, and I dont' get why the court can't take that plus testimony from the people involved and the police to figure it out.

Unless ER docs don't do dictations and keep them on file.
 
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Computer Magic

Computer Magic

Well-Known Member
MouseMadness said:
I dunno :shrug: I assume, as any doctor has to do, her dictation was made, and I dont' get why the court can't take that plus testimony from the people involved and the police to figure it out.

Unless ER docs don't do dictations and keep them on file.
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I agree with the OHIO lady :shrug:

Don't show up...what the worst they can do :lookaroun
 
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Elonwy

Elonwy

Member
elabron said:
So......we're supposed to check into POR Wednesday night and will be there for 3 nights before heading offsite for the remainder of our 2 week visit.

My wife has worked 10 hour shifts for the past 8 nights so she could get the amount of time of we needed for this trip......she's an ER doc in a level 2 trauma center, so it's pretty stressful. When her schedule came out, the ER director had given her an extra day off before we were to leave. So, since we're travelling with 1, 2 and 5 yr. olds, we thought we'd leave Monday AM, take our time getting there and maybe see about getting a room at one of the All-Star's Tuesday night.........just to give us an extra night to chill before hitting the parks Wednesday.

Well, Friday morning, a lawyer shows up in the ER and serves her with a subpoena to testify in a domestic violence case from 3 years ago.........on Tuesday morning! Anyone who's had to do this knows how these court procedings DRAG on and on and on. To quote Iago - "I'm so ticked off that I'm molting!"

3 days notice on a subpoena?!?!?!? Are you flippin' kidding me! :fork:
Click to expand...

Sorry to hear about that but perhaps if you appeal to the lawyer/court and can make arrangements for your wife to have her testimony transcribed and signed by a guarantor you can still fulfill this very important duty and have your vacation.

This must be a difficult thing to explain to your kids...it would be hard even for ME to understand why we're not going to Disney.

Best of luck and please keep us updated.
 
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Carolyn1717

Carolyn1717

New Member
It's a deposition, not the trial. Call the attorney handling it and just make arrangements to give the deposition on your return. There is no reason for them not to okay this. Good luck to you...let us know what happens. They should be able to arrange it for another day..
 
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elabron

elabron

New Member
Original Poster
You guys have had some good suggestions.......and ALL would have been reasonable avenues to compromise.

BUT.........my biggest gripe, is they served he subpoena on Friday AM, and expect her in court on Tuesday AM. Had they given more notice, arrangements for a deposition, etc. may have been arranged. These jokers waited until the last possible minute.

My wife does not get vacation days. This is our LAST chance to go to WDW for a looooong time, because of our daughter starting school this fall. My 5 yr old and 2.5 yr old have been banking on this trip for months now. EVERY morning I get asked "how many days until Disney World?"......when I give them the days, they'd erupt in cheers.

Now, because a backwoods prosecutor waited until the last minute to issue subpoenas, we may have to scrap our plans.......and be out of some money. Were it a private practice, they would pay reimbursment.......my wife has testified before and the law firm paid compensation. But, this is as a state's witness.......no chance of getting compensated.

Needless to say, this guy WILL NOT be getting my vote when he's up for re-election. :fork:
 
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elabron

elabron

New Member
Original Poster
Carolyn1717 said:
It's a deposition, not the trial. Call the attorney handling it and just make arrangements to give the deposition on your return. There is no reason for them not to okay this. Good luck to you...let us know what happens. They should be able to arrange it for another day..
Click to expand...

No.....this is a trial.......not a deposition.
 
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elabron

elabron

New Member
Original Poster
I wish it were that simple........I really wouldn't want to come back to town to find an arrest warrant issued for my wife for contempt. And believe me, in West Virginia it would happen.

If it were a matter of a $500 fine......not a problem. We'd leave in a heartbeat. But, things work differently in WV. The "justice" system here is pretty wacked-out.

We've attempted to call the prosecuting attorney all weekend. Like I said, serving the subpoena on a Friday, really limited our options. To say that I'm angry is a MASSIVE understatement.
 
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unkadug

unkadug

Follower of "Saget"The Cult
I really wouldn't just up and go anyway either. (But it is an option, just not a very good one)

Perhaps tomorrow you can get some sense out of them and maybe they will allow her testimony to be placed Tuesday and be released from court so she won't become a hostile witness. Surely they will work with you guys. You could still make it if you get out of court Tuesday morning.
 
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M

MouseMadness

Well-Known Member
I am! Not that the case "does not matter" but if I had to keep up with all your wife does I'd go nuts! Sounds like family time is precious and limited enough as it is. I hope it all works out for you guys.
 
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