Question:

Can you get out of a subpoena for medical reasons?

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My father had a triple bypass 21/2 weeks ago. He was subpoenaed today to appear next week on a case against his employer. This is causing him too much stress. Can a doctors order give him an excuse not to appear in person?

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  1. yes without a doubt with a letter from his doctor


  2. He could try and get it postponed with a doctor's order, but no guarantee on it being granted.  2 1/2 weeks to recover would be deemed enough time.

  3. Your father can request his doctor to excused him and he can forward this to the courts and let the court determine the outcome  

  4. yes, in most states a letter from Dr. will hold up. Just to be on the safe side get a notary to stamp it. Good Luck

  5. Only the court can excuse him.  He should talk to whichever attorney subpoenaed him.  If his testimony is essential they may be able to arrange his testimony by deposition or telephone.  If the party who subpoenaed him refuses to release him & the other side will not agree to some alternate means of testimony, he has the option of retaining his own attorney to seek a protective order.  But if  his testimony is essential, sooner or later he is somehow going to have to testify.

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