Help! Subpoena came at bad time...

[StillPooh]

The judge is not feeling lenient towards them, as stated before someone else from her side was arrested earlier for not appearing so they are not looking good.

Someone "from her side"?

 

Sounds like there is a lot more to this story than we know, and that your friend is more than just an innocent bystander.

 

Hope it all works out.

[fuddrules]

Sounds like there is a lot more to this story than we know, and that your friend is more than just an innocent bystander.

 

Agreed, something is fishy here.

 

This actually happened to me over our New Years Eve cruise. Fortunately for me, it ended up, I only had to provide documentation and didn't have to show up.

 

However, I wouldn't have been showing up if I had to. I would have went on the cruise and they could do want they want to me when I return.

[alymb03]

Someone "from her side"?

 

Sounds like there is a lot more to this story than we know, and that your friend is more than just an innocent bystander.

 

Hope it all works out.

 

I never said she was an innocent bystander. She knows both the defendant and the plaintiff, but "her side" will be the defendant's and the plaintiff is the one her wants her on the stand. What does that have to do with anything? She still got subpoenaed and cannot go on her cruise now...

[MargieWY]

I guess at this point we will be praying that Destiny does NOT get her side thrusters fixed in time... so that we may be offered a refund anyways.

 

Let me get this straight. You are praying that the vacation of +2500 people gets ruined so that 1 passenger can get a refund??? A bit selfish, don't you think?

[ibcnusoon]

If she isn't a party to this lawsuit she should be able to have it rescheduled or some line of questioning could be done this week and have a transcript ready for reading on Monday. I'd say make a few phone calls to the court and have it rescheduled. Don't listen to the plaintiff's attorney (who would want you to NOT show up) or the defendants attorney (who will say you have no choice but to show up).

[coolson_2000]

Let me get this straight. You are praying that the vacation of +2500 people gets ruined so that 1 passenger can get a refund??? A bit selfish, don't you think?

 

This was my thought too!

[alymb03]

Let me get this straight. You are praying that the vacation of +2500 people gets ruined so that 1 passenger can get a refund??? A bit selfish, don't you think?

 

Wah wah, you realize MY cruise will be ruined as well? I have been praying the whole time that everything gets worked out.

 

I think it is the opposite of selfish to hope my cruise gets ruined so my sister can get some of her money back.

[GTO-Girl]

All of you people that's saying "just go on the cruise anyway" obviously have no idea how the court system works. If you are instructed to be in court and you cannot make arrangements to be excused or do a deposition, then you better show or else could be arrested for contempt of court.

 

These are probably the same people who ignore their jury summons too. The last time I was called for jury duty I saw a deputy bring a girl in, who was still in her flannel pajama bottoms and a t-shirt. From the looks of her messy hair they evidently woke her up. Guess next time she will appear when she's supposed to.......:rolleyes:

 

Judges don't take too kindly with being "blown off".........if you do not show a warrant could be issued for your arrest!!!!

[Rottweiler Puppy]

Someone "from her side"?

 

Sounds like there is a lot more to this story than we know, and that your friend is more than just an innocent bystander.

 

Hope it all works out.

 

As a witness at a trial, you are on a side no matter what one may think. She might have been picked by defense, or perhaps prosecution. Either way a side picked her as a witness and it seems its crucial she be there.

 

Who knows, her testimony may put a scumbag away or save an innocent from jail. Either way she is on a side whether she knows it or not.

[Ltcsquad]

Go to court so you don't go to jail then file a law suit againt the attorny making you miss your vacation. I doubt if you will win but you will make a royal pain of yourself. Consult a attorny before you do anything. There is a chance that a slimmy attorny might counter sue.

[Rottweiler Puppy]

 

I think it is the opposite of selfish to hope my cruise gets ruined so my sister can get some of her money back.

 

Thats why folks buy travel insurance, so no one gets screwed over. I am not trying to me mean or sarcastic, just chalk this one up as a lesson learned as far insurance goes.

 

I do agree with the others though that hoping 2500+ others vacation is ruined to save money is still selfish. Your sisters financial situation could have been avoided for about $50 worth of insurance. Not fair to wish others vacation ruined when it could have been avoided very easily. Its nice you don't mind being a martyr for your sisters cruise fare and have your cruise ruined, but its still not fair to others no matter how you try to justify it. Its not just your cruise. Sorry to say it but its true.

 

I hope it all works out somehow for you guys, I really do. Good luck and keep up posted. I am hoping for good news.

[richstowe]

Forgot to say, sadly we do not have insurance... I have been on multiple cruises and never needed it, so the thought did not occur to me... I guess lesson learned the hard way...

 

I guess at this point we will be praying that Destiny does NOT get her side thrusters fixed in time... so that we may be offered a refund anyways.

If you have been on multiple cruises you correctly believed that insurance is seldom used. Do the math.

Figure out how much insurance would have been on these past cruises. You may discover you are still ahead even with the loss of this trip.

Sorry for this but you may have done the right thing by not buying insurance.

 

Good Luck

 

Let me get this straight. You are praying that the vacation of +2500 people gets ruined so that 1 passenger can get a refund??? A bit selfish, don't you think?

OP, ignore these posts. I would rather have 25,000 people inconvenienced then 1 person I love.

So would all the pretend noble people who are tsk tsking you. Besides which your thought is just an idle wish.

[alymb03]

If you have been on multiple cruises you correctly believed that insurance is seldom used. Do the math.

Figure out how much insurance would have been on these past cruises. You may discover you are still ahead even with the loss of this trip.

Sorry for this but you may have done the right thing by not buying insurance.

 

Good Luck

 

OP, ignore these posts. I would rather have 25,000 people inconvenienced then 1 person I love.

So would all the pretend noble people who are tsk tsking you. Besides which your thought is just an idle wish.

 

Thank you! lol

[songbird1329]

That would be a frivolous lawsuit. It would be dismissed as soon as it was filed. And in some courts filing such a suit could expise you to monetary sanctions.

 

Sent from my SCH-I800 using Tapatalk 2

[songbird1329]

I once had a judge schedule jury selection in a trial for Good Friday. It was also the first day of Passover. Half of the attorneys on the case were Catholic, the other half Jewish. Judge was Jewish too. Guess he felt that if he had to work on a religious holiday, so did the rest of us. Needless to say he wasn't particularly known for quashing subpoenas.

 

If your friend isn't a party to the suit it doesn't matter whose "side" she's on, the lawyers aren't looking out for her best interest. Their loyalty is to their respective clients.

 

Sent from my SCH-I800 using Tapatalk 2

[bmckim]

I once had a judge schedule jury selection in a trial for Good Friday. It was also the first day of Passover. Half of the attorneys on the case were Catholic, the other half Jewish. Judge was Jewish too. Guess he felt that if he had to work on a religious holiday, so did the rest of us. Needless to say he wasn't particularly known for quashing subpoenas.

 

I always laugh when people are amazed at when a judge orders something that they think is an injustice. I always say "God has nothing on a Judge in his own court room." They can pretty much do whatever they want in that situation.

[PrettyBrownGirl86]

It would be best to hope the case is settled before trial. Did she cash the witness fee check? Has she already provided deposition testimony?

[richstowe]

I always laugh when people are amazed at when a judge orders something that they think is an injustice. I always say "God has nothing on a Judge in his own court room." They can pretty much do whatever they want in that situation.

And a surgeon in "his" operating room.:D

[waldocruiser1]

I am not a lawyer and I am not giving legal advice.

 

I would say if it where my situation I would contact the witness advocate and then I would hire my own lawyer.

 

The first question I would ask ...is the the statutory time required for notice?

 

See if in example the required notice time is 7 days then the summons may not be legally served.

 

Third thing if first two failed, I would still contact the cruise line being prepared to fax in the court order signed by a judge and see if I could minimize my loss and get a cruise credit for a future cruise.

 

Once again these are just thoughts.

 

I was thinking the same thing, Call Carnival, and send them the summons, I would think they will give her a cruise credit - the $50 per person to make changes.

 

I would also give the court/attorney the bill from her cruise to be reimbursed. Don't forget when making the change if she is the only one canceling, the other party will have to pay the larger fee (double single rate) if your friend gets her cruise cancelled. So include those charges to the Attorney also.

 

Good luck,

[waldocruiser1]

Sorry to hear. Of all the times for something like this to happen! Vacation is so important to us I would be devastated and REALLY angry. So much so I would turn into a hostile witness and they prob wouldn't want me being there! Hope it gets worked out. Please keep us posted.

 

I could see me doing this also.

 

I would tell the truth, but it might get longer.

 

When did you see/hear/what ever what happened?

I remember it was tuesday the blank blank blank

 

Are you sure?

 

Yes I remember because it was 6 weeks before my Carnival cruise I was going on. The one I was supposed to leave on TODAY!

 

Every answer would have my cruise in it as long as I could get away with it.

[waldocruiser1]

I would be in contempt of court for sure! I would go on that cruise and let the chips fall where they may!

 

Hey if she has to fly to the cruise port, make sure she DOES NOT take her passport. and only buy the one way ticket,

 

That way if they want her, they will send someone to get her, and she can fly home from the cruise port after the cruise for free.

 

And without the passport she is less likely to get triggered on some government list, for being in contempt and having a warrent out for her.

[RuthlessBoss]

I was thinking the same thing, Call Carnival, and send them the summons, I would think they will give her a cruise credit - the $50 per person to make changes.

 

I would also give the court/attorney the bill from her cruise to be reimbursed. Don't forget when making the change if she is the only one canceling, the other party will have to pay the larger fee (double single rate) if your friend gets her cruise cancelled. So include those charges to the Attorney also.

 

Good luck,

Why would she cancel, she really wouldn't benefit monetarily by cancelling 4 days before the cruise. All that would accomplish was her roommate paying double.

[Eng23]

I would be in contempt of court for sure! I would go on that cruise and let the chips fall where they may!

More than likely the chips would fall the way of not showing in court causing a warrant to be issued and once returning to the US being flagged in Customs as having an arrest warrant. You would not even make it out of the terminal before being arrested.

[luvtheships]

Someone "from her side"?

 

Sounds like there is a lot more to this story than we know, and that your friend is more than just an innocent bystander.

 

Hope it all works out.

sure sounds that way to me...but then again that is just me.....thinking realistically and not believing everything i read on cc.:rolleyes:

[bmckim]

More than likely the chips would fall the way of not showing in court causing a warrant to be issued and once returning to the US being flagged in Customs as having an arrest warrant. You would not even make it out of the terminal before being arrested.

 

You have way too much trust that the court system is that efficient.