Sunday, April 26, 2015

I received a witness subpoena on regular mail for a case of domestic battery I was partially a witness to. Do I have to answer this if its n...

Question

I received a witness subpoena on regular mail for a case of domestic battery I was partially a witness to. Do I have to answer this if its not certified



Answer

Technically yes. The subpoena is valid sent by US mail. However, a person cannot be held in contempt for failing to obey the subpoena if it is not sent by certified mail.

Florida statute 48.031(3)(a) specifically states: "Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court."



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