Subpoena'ed but need to travel to the U.S. with work!

[littlefinger]

As per the thread title, I've received a subpoena to attend High Court next week. I was a witness to a Road Traffic Accident some years ago. I gave a statement at the time to the investigating Gardai. I received a copy of that statement with the subpoena.


I really can't understand what earthly reason there is for me to attend. The case between the two parties seems pretty cut and dried - one party had admitted liability at the scene - other party was critically injured.

Called the solicitors that have subpoena'ed me and they say that most likely I'm right - that I won't be called on - but they are obliged to have me there just in case the statement I had given comes into question.

In the meantime, my employer is offering me the opportunity to spend 4 or 5 months in Texas. However, I have to be available to fly out the minute they give the green light - which could be this weekend. If I can't, then they offer the opportunity to someone else!


I've been 15 years with the company. These opportunities don't come knocking very often! (ergo, I've never had the opportunity in the previous 15 years).

Where do I stand with this? Whilst I appreciate that court cases are important and people have to be compelled to attend, I can't but feel very hard done by. Is there any scope to plead my case to the court registrar?

 

[DirectDevil]

Your statement cannot be handed in in lieu of your presence. You have to give your evidence in person and be available to be cross-examined if needed.

The solicitor will have subpoenaed you in all probability because counsel so advised them when completing the pre trial list of proofs that will be required to present their case.

You might get yourself in to legal trouble for refusing to answer a summons. Suppose that something is in dispute and you are called and found to be absent. You may end up talking to the trial judge - not the registrar - to explain an act of contempt. The subpoena is an order of the High Court and you have no liberty to ignore it.

The fact that you have been called implies that liability has not been conceded. In that case you need to be present. Even if liability has been conceded your evidence might still be required in relation to other aspects of the matter such as the severity of the collision and so on.

The racing certainty here is that you will attend court, hang around for a few hours and be told that you are now released as the matter has been settled. However, the considerations above might also come to pass. In your position I would answer my summons as that is a legal obligation not a choice.

BTW I don't think much of your employer presenting that level of rigidity to an employee who cannot go at short notice because they are complying with a civic and legal duty. There are regular flights to USA so they should be flexible. I appreciate your dilemma but you need to be careful about deciding not to answer a summons.

 

[Bronte]

BTW I don't think much of your employer presenting that level of rigidity to an employee who cannot go at short notice because they are complying with a civic and legal duty. There are regular flights to USA so they should be flexible.

My OH's company was just like this and they were excellent to work for. They'd expect the OP to sort it out, they don't want to know. Just saying.

 

[Jim2007]

My OH's company was just like this and they were excellent to work for. They'd expect the OP to sort it out, they don't want to know. Just saying.

I suppose if you live to work it might be.... But I certainly would not think they are up to much..

 

[littlefinger]

The racing certainty here is that you will attend court, hang around for a few hours and be told that you are now released as the matter has been settled. However, the considerations above might also come to pass. In your position I would answer my summons as that is a legal obligation not a choice.

I won't get into it on this thread but there's plenty wrong with our courts system! I had decided I was going come what may and had informed my employer that this was no longer an issue. Luckily this isn't going to come to a head as case has been adjourned until who knows when.

BTW I don't think much of your employer presenting that level of rigidity to an employee who cannot go at short notice because they are complying with a civic and legal duty. There are regular flights to USA so they should be flexible. I appreciate your dilemma but you need to be careful about deciding not to answer a summons.

I suppose if you live to work it might be.... But I certainly would not think they are up to much..

Be that as it may, that's the flexibility required when working for a U.S. Multi-National.

 

[Jim2007]

Be that as it may, that's the flexibility required when working for a U.S. Multi-National.

Well having worked at the European HQ of two U.S. MNC and done quite a bit of traveling for them, I have to disagree with you there.

 

[Setanta12]

Children, children .. .. ..

I work in Dublin for a European company which has strong labour laws/unions - a guy got the sack on-the-spot for turning up to a 1-on-1 two hours late as he'd missed a flight to the meeting. You just never know how a company works until you're at the coal-face .. .. ..

 

[Bronte]

Indeed Setanta and we've seen what the coal face is in an American company, (I'm sure it's other companies too but that's the one we know best) seen a guy recruited from abroad, brings wife and kids, all settled and fired two months later with security at his desk to clear it in an hour.

They cut off your work computer, your emails, everything, it's all preplanned and you don't have a clue what's going on, nor do your colleagues, when they want you out the door there is no going back.

 

[DirectDevil]

Indeed Setanta and we've seen what the coal face is in an American company, (I'm sure it's other companies too but that's the one we know best) seen a guy recruited from abroad, brings wife and kids, all settled and fired two months later with security at his desk to clear it in an hour.

They cut off your work computer, your emails, everything, it's all preplanned and you don't have a clue what's going on, nor do your colleagues, when they want you out the door there is no going back.

Sounds like Guantanamo Bay. Remind me, who runs that........ oops sorry CIA if you are reading this..........