Does a Subpoena or Summons Mean that I have to Appear in Court?

Yes. A subpoena, or summons, is simply a court order directing your appearance in court as a witness. Once you are subpoenaed you are required to appear as directed until you are excused by the court. Your subpoena will state the court in which you are to appear in, the name of the case, and the time and date your appearance is needed in court.

Although I have been Subpoenaed to Court, I do not really want to get involved. Do I still have to come to court?

Yes. Criminal cases are won or lost based on the testimony or other evidence provided through the witnesses to the case. In order for justice to be achieved in each and every case, it is necessary that all witnesses appear in court. Otherwise, the cases will be decided on the basis of less than a complete account of what actually happened.

It is up to the Commonwealth’s Attorney or defense counsel to decide whether or not to actually use you as a testifying witness during the trial, but your presence is necessary in order to have all needed witnesses standing by prepared to testify in case they are ultimately needed as a witness.

If I decide not to show up as a witness, can’t the case just proceed without me being there?

That all depends on the circumstances of the case. What is certain, however, is that if you have been subpoenaed to court and do not appear, you will more than likely be arrested by the court for not showing up. This is true even if you are only a witness and even if the case proceeds without you being there.

The case may be tried without your presence, but more than likely you will be in legal trouble yourself for failing to show up.

If I have a Legitimate Reason for not being able to appear in court on the date set for trial, what should I do?

It is absolutely necessary that you call or send a letter to the court in which you were to appear and to the Commonwealth’s Attorney’s Office. You need to fully explain why you are unable to appear and when you will next be available to appear in court on the case.

Calling or sending a letter does not mean you will be excused from court. Only the judge can excuse your appearance. More than likely, the case will be moved to another date so that you may be present. Failing to let someone know that you cannot make it to court carries serious consequences.

What are My Responsibilities as a Witness?

As a witness in a criminal case, you are a vital link to obtaining justice in a case. In order for a jury or judge to correctly decide the facts of the case, evidence must be presented in a truthful manner. This obligation of citizenship is essential to our American system of justice. It is your duty as a witness to give your testimony when it is needed, although it may not be convenient for you to leave your home or place of business to spend one or more days in court. Please remember that justice cannot be accomplished unless people are willing to appear in court and testify.

Appearance and Attitude?

Dress appropriately for court and always be courteous. Your appearance and behavior should not distract the judge and jury from carefully considering what you have to say while you are on the stand testifying.

Courtroom Procedure?

Most of the citizens of Lee County have fortunately never had to appear in court to testify as a witness. The down side of that is that most people are unfamiliar with the way the court system operates upon their first court appearance. Court can be more than a little intimidating if you have never been there before.

Our General District and Juvenile and Domestic Relations Courts are normally broken down into three daily segments: (1) arraignments, (2) morning docket and (3) afternoon docket. Arraignments begin promptly at 9:00 a.m. unless otherwise directed by the court.

The morning docket most usually begins at 9:30 a.m. and might be further divided into hourly segments. Your subpoena will tell you which segment at which you are to appear, i.e., 9:30 a.m., 10:30 a.m., etc. Follow the directions on your subpoena to determine what date and time to appear. The afternoon segment usually begins at 1:00 p.m. sharp. It is in your best interests to appear shortly before the time stated on your subpoena.

At the beginning of each court segment, the judge will usually call roll on each of the cases set for his or her court at that time. The judge will usually call out the names of the victim, defendant and, sometimes, the witnesses subpoenaed. If you are not in court on time, the judge will likely assume that you are not present and will not take up your case until the end of the day, if at all.

There is no specific order under which the cases are tried. Your case may be the first one tried or may be the last one tried. Please be prepared either way.

If you need to leave court early, please let the Commonwealth’s Attorney know. Every effort will be made to take your matter up first if you have a valid, legitimate reason for needing to leave early.

Basic Trial Procedure?

You may be subpoenaed as a witness by either the Commonwealth’s Attorney or the defendant. No matter which side calls you as a witness, the other side has an absolute right to cross-examine you. If you are called as a witness by the Commonwealth, the Commonwealth’s Attorney will ask you a series of questions concerning your knowledge of the case. This is called direct examination. After this direct examination is completed, the defense attorney will have the opportunity to ask questions relating to the same facts. This is called cross-examination.

Try not to let cross-examination upset you. It may appear at times that the defense attorney is trying to contradict you, but he or she has the right to test your memory and knowledge of the relevant facts.

The judge may also ask you a few questions while you are on the stand testifying.

Please Listen Carefully to All Questions.

Understand the question before you answer it. Have the question repeated if you did not understand it.

Think about your answer before you answer. Do not rush into answering the question, but neither should there be an unnaturally long delay following a simple question if you know the answer.

If you do not know the answer to a question, say so. If you do not understand the question, do not try to answer it, but ask that it be explained to you.

When Answering Questions.

Answer only the question you have been asked. Do not volunteer information not actually asked for. If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it.

The judge and jury are only interested in the facts of the case. DO NOT GIVE YOUR OPINION ABOUT THE CASE UNLESS YOU ARE SPECIFICALLY ASKED FOR YOUR OPINION.

Not Telling the Truth on the Witness Stand.

As a witness, you will be placed under oath before you begin to testify. Thereafter, any lie, false statement or untruth you tell the court will result in a perjury charge against yourself. Tell the truth as you know it. Do not embellish the truth; do not understate the truth. Do not lie or mislead about anything once you take the stand. There is a very good chance that you will be caught lying and there is a 100% chance that you will be prosecuted for perjury once you are caught lying. It just is not worth the risk.

Be Attentive.

If the judge or jury gets the impression that you are bored or could care less about being in court, they might disregard your testimony.

Speak clearly and loudly. Everyone in the courtroom must be able to hear what you have to say. Speak in the direction of the judge or jury.

Although the experience of testifying is unnerving, the judge and jury can only consider what they are able to hear and may judge your truthfulness by the confidence in your voice. Do not be nervous – you are not the one on trial. Speak as though you are simply telling some neighbors what happened.

Be Courteous.

Even if the lawyer questioning you may appear discourteous do not become angry or argumentative. This will lose the respect of the judge and the jury.

KEEP CALM. Do not get caught up in an argument with the defense attorney.

Objections.

The attorneys have the right to object to the introduction of certain evidence for a variety of reasons. Whenever you are answering a question and an attorney makes an objection, STOP answering the question until the judge has made a ruling on the objection. The judge will let you know whether or not you can continue to answer the question that was objected to.

In all situations in court, whenever the judge is speaking, no one else should be speaking.

How Long Will I be in Court as a Witness?

Your court room time while actually testifying may not take long. Most of the time you will be waiting for your turn to testify. You, your family and friends are encouraged to bring a book or magazine to read while you wait.

What does it mean when an Attorney requests “the rule” in a case?

Under trial procedures, witnesses that are not currently testifying may be excluded from the court room while others are testifying. This has many purposes, the most useful of which is to prevent witnesses from simply restating what he or she has heard another witness testify to. When an attorney asks that witnesses be excluded, the court then exercises “the rule on witnesses.”

Why Am I A Witness? I did not even see the crime occur?

Witnesses are not limited to “eye witnesses.” You may have seen the crime happen or may know something about it. You may also know something about an important piece of evidence, or may know something that contradicts another witness’ testimony. If you wonder why you are testifying in a particular case, ask the Commonwealth’s Attorney; there is probably a common-sense reason.

As a Witness, do I have to talk in front of the Defendant?

The defendant must be present in court to hear what all the witnesses say about him. So, yes.

Is the defense attorney allowed to contact the witnesses prior to the court date?

If you are contacted by the defense attorney you may discuss the case with the defense if you wish; however, you are certainly under no obligation to speak with the defense about your case. It is up to you.

In the event someone other than the Commonwealth’s Attorney’s Office contacts you about the case, you should notify the Commonwealth’s Attorney.

PLEASE CALL US:

• If you have any questions about what to expect in court.
• If you move or change phone numbers or addresses.
• If you have any other questions about your case.
• If you are contacted by the defendant or anyone not connected with the Commonwealth’s Attorney’s Office regarding your case.
• If you have transportation problems and having trouble getting to court.
• If you would like to schedule an interview with the Commonwealth’s Attorney to personally discuss the case prior to trial.