I hate the US Court System

[elabron]

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:

 

[Computer Magic]

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.

Yes, ER Nurse has to be one of the hardest jobs, but don't sell yourself short. Not many can do what you do...and if anyone knows about ER, you should do...

 

[smk]

I agree with the OHIO lady :shrug:

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

They could throw the whole case out if there is not the testimony needed to convict. Some victim is counting on his wife to testify in the trial.

To the OP, I really hope some of your trip is salvaged and that you all have a safe and wonderful time.

 

[figmentmom]

Please keep us posted!!! (Is it standard procedure in W. Virginia to give so little notice about court appearances?)

 

[Carolyn1717]

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:

My son is an ER/Trauma physician so I hear you with the vacation days...

Please at least try....call the attorney's first thing tomorrow morning and try and re-schedule deposition...if you don't try you will never know...

 

[elabron]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

 

[figmentmom]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

WHEW!!!!!! A happy ending after all!!! :sohappy:

Have a great trip! :wave:

 

[unkadug]

:sohappy:

That is great!

Have fun. :wave:

 

[Carolyn1717]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

Good for you....have a wonderful trip. Glad you stayed on it.

 

[Elonwy]

So glad to hear it. Way to go!!!!! You're going to have a fantastic time!!!

:sohappy::wave::sohappy::wave:

 

[Computer Magic]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

Sounds like you received some Disney Magic early :sohappy:

 

[MouseMadness]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

Great! Have a great time, take some pictures for us :wave:

 

[Sam02]

To be on the safe side I would get his dismissal in writing before you head out of town. The last thing you want is to come back from a great vacation and your wife missed her court date because the prosecutor didn't follow through with the dismissal. He has shown the track record of waiting till the last minute. If it were me, I would make a quick stop by his office Monday morning for verification that she won't be needed at court Tuesday morning.

 

[crazydaveh]

Man, I am happy for your family.

I was getting all worked up and ticked off on your behalf reading about it!

Glad you get to head down here and have fun!

 

[JustPlainBill]

I know court procedures can vary from place to place, that being said I was subpeonaed to appear in court as a witness to a DUI accident many years ago. The city DA told me that I wasn't bound by law to appear it was only a request to appear. I don't know if there are different kinds of subpeonas or not. I had thought by the wording on the subpeona I had no choice. I'm glad to see it worked out in your case. I would think that if the court needs the testimony they would do whatever they could to work with all parties involved, to a point.
I had gotten a jury summons a few months ago. It was a preregistery notifying me that I would be called sometime this year to possibly serve on a jury. I notified the court that I could serve anytime during the year except for the two weeks my family is going to WDW for vacation. I'm hoping they honor my request or at least will reschedule me in case they forget.

 

[EPCOT Explorer]

YAY!A happy ending!Enjoy your trip.

 

[fosse76]

I know court procedures can vary from place to place, that being said I was subpeonaed to appear in court as a witness to a DUI accident many years ago. The city DA told me that I wasn't bound by law to appear it was only a request to appear. I don't know if there are different kinds of subpeonas or not. I had thought by the wording on the subpeona I had no choice. I'm glad to see it worked out in your case. I would think that if the court needs the testimony they would do whatever they could to work with all parties involved, to a point.
I had gotten a jury summons a few months ago. It was a preregistery notifying me that I would be called sometime this year to possibly serve on a jury. I notified the court that I could serve anytime during the year except for the two weeks my family is going to WDW for vacation. I'm hoping they honor my request or at least will reschedule me in case they forget.

I find it odd that you were informed a subpoena was merely a request. That said, generally the dates issued on a subpoena are worked out in advance...a subpoena is a legal requirement to appear. They are used to assure that the person will testify. Even when the witness agrees willingly a subpoena is issued to make sure he or she shows up. That may be the only reason you were told it wasn't mandatory, because they really didn't need your testimony.

As for your jury duty service, it usually depend on the jury services manager. If you get a nice one, they will let you reschedule. Some are just plain mean and once they know you want to reschedule will go as far as sending a cop to your house the day you are to report. So be careful.

Earlier, someon;e mentioned that if the doctor or nurse had notes that should be enough. Well, if you were a defendant, wouldn't you want someone to testify that it is in fact the notes of that doctor or nurse? I can take a medical chart and write anything I want on them, and then attribute it to some well-known and well-educated doctor. Without that doctor's testimony, there is no proof he is the one who made the notes.

As for reading a deposition into evidence in lieu of a court appearance, it is possible. There are several reasons it would be allowed, and a vacationing deponent not in the court's jurisdiction is one of the reasons. What I find odd is the short notice. I would think that the prosecutor's office would be a little more organized than that.

 

[JustPlainBill]

I find it odd that you were informed a subpoena was merely a request. That said, generally the dates issued on a subpoena are worked out in advance...a subpoena is a legal requirement to appear. They are used to assure that the person will testify. Even when the witness agrees willingly a subpoena is issued to make sure he or she shows up. That may be the only reason you were told it wasn't mandatory, because they really didn't need your testimony.

As for your jury duty service, it usually depend on the jury services manager. If you get a nice one, they will let you reschedule. Some are just plain mean and once they know you want to reschedule will go as far as sending a cop to your house the day you are to report. So be careful.

I found it odd as well at the time...It turned out they pleaded the case out the morning of the trial so the witnesses who showed up were dismissed without giving testimony anyway. I'm guessing the prosecuter was gathering as many witnesses as possible against the defendent for leverage.
Thanks for the warning on the jury thing, I'll certainly keep it mind.

 

[dvcnut39]

I deal with these matters all the time. Every year around vacation time we start to get nervous. Every year no problems. Try to call the District Attorney or even the police officer handling this case to see if you're needed or even ask to have the case postponed. The county that I live in postpones 80% of the trials on the day of the trial. Good luck and let us know how you make out.

 

[H20Babie]

Oh good! I was just about to post some legalese about undue burden and how the prosecutor could be sanctioned under W. Va. R. Civ. P. 45(d). Protection of persons subject to subpoenas.

Happy for you! :sohappy:

 

[doop]

"Crisis" resolved..........we called the County Prosecutor and he said it's not a problem. They had also served a subpoena on one of the ER nurses that had treated the lady.
The prosecutor felt that the nurse's testimony would be sufficient and he dissmissed my wife.

I guess I WILL vote for this guy next election! :sohappy:

Leaving tomorrow afterall........the kids went wild when we told them we get to leave tomorrow! :lol:

I'm so glad it worked out for you. Have a great time! :sohappy: