Help! Subpoena came at bad time...

[luvtheships]

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.

 

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Aren't courts closed on Good Friday? Well, I believe they are in my part of new york anyway...or am I mistaken? I thought I have always heard courts were closed this day.u

[songbird1329]

No. Good Friday is not a legal holiday in New York. As a practical matter nothing much happens that day because most of the court personnel take a vacation day, it's hard to get witnesses and jurors, etc.

 

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[fuddrules]

The judge can do whatever is warranted. After compelling testimony or whatever action the court requested they can also fine or incarcerate the person as punishment.

 

I was asking in the specific case listed. In which case, it was a heck of a lot cheaper than losing money on the cruise.

[Almost Packed]

Is she a party to the case in anyway? What kind of subpoena is it? Issued by the court or the judge? She should consult her own lawyer to see what her options are. The lawyer on the case that issued the subpoena obviously does not have her best interest represented. I would have her call the clerk of the court to find out exactly what her options are, and maybe a lawyer may be best because the courts tend to be more accommodating to attorneys.

 

 

I am an attorney, not your attorney. No attorney-client representation here.

 

yep, what he/she said!

[K&P Luv2Cruise]

I actually would love to get jury duty these days...many times I was excused because I had several small kids...now..when I can make it... I don't get callled...we get $40 per day here...so I would like the $400 or so.

 

Lucky you...we do not get paid for Jury Duty. There are some exceptions (extremely long trial etc), but our employers cannot penalize us for attending.

[crusinpsychRN]

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

 

Several times on debarkation I've seen people being led off in handcuffs by police.

[lorijeannj]

My sister is joining me for our cruise leaving on Saturday... She is in a separate cabin with a friend.

 

She just got served with a subpoena and has to appear in court on Monday. She said the judge will not excuse her, even with proof of her trip. The lawyer is telling her to stay anyways because it will damage the case if she doesn't.

 

They are booked early saver. Are there any options???? :(

 

You are in luck, you can get a full refund for your cruise if you so choose, but I believe both of you would have to cancel.

Destiny is having issues and they have chnaged the itinerary.

[me & my peeps]

Imagine if the person cancelled the cruise, took the financial hit, went to court.......and it was POSTPONED!!!!

[alymb03]

Have they announced this officially?

[lorijeannj]

http://boards.cruisecritic.com/showthread.php?t=1774295

[beach410]

That's for the current cruise, not the upcoming one.

[misguidedangel]

Oh my, no trvel insurance. I would tell the lawyer there is no travel insurance and if the court is willing to accept the additional cost she will be there. My neighbor was a juror in a very interesting, and long trial. It ran into deer hunting season and he basically told the judge that if the trail was still on when his annual hunting trip was scheduled (he provided proof of hunting tags) he would not show up that week and didn't care if he was arrested for not showing up--he was a VERY stubborn older/retired German man. The judge took it seriously and compromised and allowed him the week of hunting because the case was so important.

 

I wish your sister luck and hope she can find a way to get out of it or postpone it.

[welldone60]

Check this out. Woman arrested getting off cruise ship for a 1991 warrant.

 

http://www2.nbc26.tv/news/2013/jan/22/mother-arrested-while-getting-cruise-ship-1991-the-ar-5421584/

[lorijeannj]

That's for the current cruise, not the upcoming one.

 

oops!

[luvsviola]

This thread cracks me up. I'm a foster parent. My foster kids bio's miss court all the time. They issue a warrant. Finally get arrested a couple weeks later, and brought before the judge. They always make up some lame lie, and never have an consequences whatsoever. One time, my son's mom told the judge she was in a medical treatment program. Total and complete BS. No one fact checked to see where she really was. She was living in a halfway house and just didn't have a ride. His dad has told the judge he overslept several times...no consequences. It is unreal.

 

In 3.5 years, there were never consequences...not once...for missing court.

 

Yet someone who probably had nothing to do with anything is getting screwed because a couple of power hungry people don't give a rats about her or her vacation.

 

The more experience I have with the system, the more I hate it.

[golfadj]

This thread cracks me up. I'm a foster parent. My foster kids bio's miss court all the time. They issue a warrant. Finally get arrested a couple weeks later, and brought before the judge. They always make up some lame lie, and never have an consequences whatsoever. One time, my son's mom told the judge she was in a medical treatment program. Total and complete BS. No one fact checked to see where she really was. She was living in a halfway house and just didn't have a ride. His dad has told the judge he overslept several times...no consequences. It is unreal.

 

 

In 3.5 years, there were never consequences...not once...for missing court.

 

Yet someone who probably had nothing to do with anything is getting screwed because a couple of power hungry people don't give a rats about her or her vacation.

 

The more experience I have with the system, the more I hate it.

 

Sad but very true

[ibcnusoon]

I have had a lot of fun reading this post. The court or the attorneys are NOT going to reimburse her for the cost of the cruise. The only person who can issue a warrant for her not appearing is the Judge. The clerk of the court has no power to dismiss a witness.

 

The only person here with the power is the Judge. Write a letter (include all of the cruise paperwork) to the judge, fax it to his assistant (and send a copy to both attorneys) and ask that her testimony be heard on another day. It sounds like a civil case, and unless there is a Jury to consider, hearings are continued all of time. The judge can then talk to the attorneys and hear their objections. It can't hurt and it won't cost you a thing to try.

 

The one here who dropped the ball is the attorney. If she is an important witness, he/she should have been keeping her updated on the hearing dates. The courts are SO busy, that hearings are usually set months out, unless it's an emergency hearing.

 

Good luck! I hope she gets to go on her cruise.

 

I am not an attorney, but spent everyday in court for years:eek:

 

Yes, this is what you should do. Don't try to work it out with the attorneys, it's clear they have no interest in your affairs. Contact the Judge's clerk immediately, explain the situation and be prepared if need be to fax a copy of your boarding pass for proof.

 

Good luck!

[Mizzouaholic]

Just skip it and plead stupidity. Say, " I didn't know what subpoena meant". =)

[luvtheships]

This thread cracks me up. I'm a foster parent. My foster kids bio's miss court all the time. They issue a warrant. Finally get arrested a couple weeks later, and brought before the judge. They always make up some lame lie, and never have an consequences whatsoever. One time, my son's mom told the judge she was in a medical treatment program. Total and complete BS. No one fact checked to see where she really was. She was living in a halfway house and just didn't have a ride. His dad has told the judge he overslept several times...no consequences. It is unreal.

 

In 3.5 years, there were never consequences...not once...for missing court.

 

Yet someone who probably had nothing to do with anything is getting screwed because a couple of power hungry people don't give a rats about her or her vacation.

 

The more experience I have with the system, the more I hate it.

this is what happens when the entire nation starts drinking the "Kool Aid", worring about being "politically correct" and becomes a "bleeding Heart"

 

slipperly slope, my friend, slippery slope.

 

Just sayin'

[bdette4]

Imagine if the person cancelled the cruise, took the financial hit, went to court.......and it was POSTPONED!!!!

 

That happened to me, was subpoened, took 1/2 day, paid for parking in the city and when i got to got they cancelled it and the attorney never called me.

[RuthlessBoss]

I know you are in a predicament, as it's still possible for you to go. I assume there's airfare involved too, and you are running out of time. Has anything been resolved about her court appearance?

We're hoping you both will be going, of course.

[alymb03]

I know you are in a predicament, as it's still possible for you to go. I assume there's airfare involved too, and you are running out of time. Has anything been resolved about her court appearance?

We're hoping you both will be going, of course.

 

Unfortunately, everything has been tried and shot down. My sister will not be going on the cruise and her friend has also backed out. At this point, they are hoping the cruise alters the itinerary so they will be offered a refund.

 

They were able to get their airfare in the form of a future credit with proof of the subponae.

 

My question at this point is that they have an 8C balcony on the Verandah deck, while I am in a 1A cabin on the Main deck. If the ship does not alter their itinerary, and they do not get their refund, what is the best way to handle it?

 

Cancel ahead and get their taxes back? No show and get their taxes back?

 

Is there any way that one of the people in my cabin can switch with one of them and get the key to their cabin? Such a shame to let their cabin go wasted while we are in the bottom of the ship (though I have been looking forward to my first portholes lol).

[PrettyBrownGirl86]

Unfortunately, everything has been tried and shot down. My sister will not be going on the cruise and her friend has also backed out. At this point, they are hoping the cruise alters the itinerary so they will be offered a refund.

 

They were able to get their airfare in the form of a future credit with proof of the subponae.

 

My question at this point is that they have an 8C balcony on the Verandah deck, while I am in a 1A cabin on the Main deck. If the ship does not alter their itinerary, and they do not get their refund, what is the best way to handle it?

 

Cancel ahead and get their taxes back? No show and get their taxes back?

 

Is there any way that one of the people in my cabin can switch with one of them and get the key to their cabin? Such a shame to let their cabin go wasted while we are in the bottom of the ship (though I have been looking forward to my first portholes lol).

 

So nobody is going to pay for her losses. That just sucks and is so unfair.

[waldocruiser1]

So have you/they called Carnival yet? Maybe Carnival will act like the airline and give a credit.

[greensha]

Just a thought... assuming you could not get out of the subpoena, would it be possible to join the cruise already in progress? Could you fly to a port on Monday afternoon/evening and get on the boat Tuesday? Not ideal, but may end up costing you less than cancelling.