Witnesses to a personal injury in Alabama can make a significant difference to your case. As third parties with no vested interest in the outcome of your case, they can strengthen your account of how the incident occurred. But what if a witness refuses to testify on your behalf?

At Andy Citrin Injury Attorneys, our knowledgeable personal injury lawyers in Mobile are deeply committed to holding at-fault parties accountable for your damages. We welcome the opportunity to answer your questions and talk about your legal options in a free case review.  If we represent you and don’t win your case, you don’t owe us a dime.

Request a FREE case review today. Call: 251-888-8888

Is Witness Testimony Critical for My Car Crash Case?

Yes, witness testimony often provides key evidence that strengthens your injury case. Third-party testimony provides unbiased accounts of what happened. Credible witnesses hold significant weight with insurance adjusters and jurors because they have no financial stake in the outcome of your case.

Personal injury claims in Mobile may often rely on witness statements to confirm how the accident occurred, especially in “he said, she said” situations. Witnesses also help provide crucial details that may be missing from the original accident report.

What If the Witness to My Personal Injury in Mobile Refuses to Testify?      

When a witness refuses to testify about your injury, there are a few things your attorney can do.

Convince the Witness to Cooperate Voluntarily

The first thing an attorney will usually try to do is to convince a witness to provide testimony voluntarily. Often witnesses may say no initially because they are intimidated by the idea of going to court. Taking time to explain how their testimony is helping someone who was hurt through no fault of their own can often change their mind.

Other details witnesses may want reassurance or further explanation about before agreeing to testify may include:

• More details about the process and what is expected of them.
• Will they need to take time off of work?
• What if they lose pay because they have to miss work to appear in court?
• Will testifying cause them to miss an important family event, like a wedding or vacation?

At Andy Citrin Injury Attorneys, one unique advantage we have that may help us convince witnesses to testify is our mock courtroom, the only of its kind in Alabama. This facility gives us the opportunity to prepare our clients for trial and witnesses to testify.

We often find that the reassurance of being able to have a “practice run” goes a long way in addressing some of the concerns a potential witness might have. This prep time may also give witnesses more confidence in their testimony as a result.

Taking a Deposition

If the attorney cannot convince a witness to appear in court, another option would be to take a deposition. Testimony obtained in this way does not require the witness to appear in court. The witness provides sworn testimony in a neutral location, typically at a lawyer’s office, so it is more relaxed. The benefit of a deposition is that witnesses can take breaks and are generally done much faster. In this situation, both attorneys can ask questions of the witness, and the responses of that witness are recorded by a court reporter.

Obtaining a Subpoena

Some witnesses may still refuse to testify. In that situation, your attorney can obtain a subpoena, which is a court-ordered request to provide testimony. However, this approach is only used when absolutely necessary. Forcing a witness to testify when they are not willing may not always provide the most helpful testimony.

Why Do Some Witnesses Refuse To Testify for a Mobile Personal Injury Case?

Witnesses may have personal reasons for not wanting to testify. Some individuals may feel uncomfortable about becoming involved in legal disputes. There is no direct benefit to testifying. They may also worry about the negative consequences that might result from appearing in court, such as:

• Anxiety about speaking in public or in formal Court settings
• Worry about retaliation if their testimony harms someone’s case
• Concerns about missing work and losing income while testifying
• Distance requiring expensive travel to attend proceedings
• Physical health limitations that make Court appearances difficult
• Immigration status concerns or fear of government attention
• Previous negative experiences with the legal system or law enforcement
• Personal privacy concerns about having their information become public record
• Lack of understanding about their legal responsibilities as witnesses

Are There Legal Reasons a Witness Can Refuse to Testify Under Alabama Law?

There are few reasons Alabama law allows witnesses to refuse testimony. If the witness lives out-of-state and testifying would create an undue burden, then Alabama court may have little recourse to force them.  Under the Fifth Amendment, a witness cannot be forced to testify if doing so will incriminate them in some way. However, this reason would apply more to a criminal case than a civil case.

An attorney may be more likely to decide a witness is not credible or able to testify, due to:

• Being a young child and deemed unreliable due to their age
• Some type of mental incapacity, such as someone with dementia
•  A criminal background or reputation of being dishonest

Courts may choose to cancel all subpoenas that cause excessive hardship on witnesses under qualifying terms. This includes witnesses who live increased distances or states away. These measures balance the need for evidence with individual privacy and fairness.

How the Subpoena Process Works in Alabama Personal Injury Cases

The court system in Alabama follows specific procedures when compelling reluctant witnesses to testify in personal injury cases.

Draft the Subpoena Documents

Your attorney will draft official subpoena documents that clearly state who must appear, when, where, and for what purpose. To be considered valid under Alabama law, these legal forms must include and follow strict formatting requirements.

Ensure Proper Delivery of Subpoenas in Mobile

Under Alabama law, only authorized individuals, such as process servers or sheriff deputies, are permitted to serve a subpoena. The server must hand or mail the documents directly to the witness to complete the delivery. These documents become part of your court record.

Legal Timeline for Witness Response

When witnesses receive the subpoena, they generally have 14 days to either respond or object to the subpoena. This response period gives them time to arrange their schedule or file formal objections through their own attorney.

Adhere to Witness Compensation Requirements

The attorney obtaining the subpoena is required to pay witness fees, including mileage reimbursement. Current rates include a daily attendance fee plus travel expenses, depending on the state-approved mileage rate from the witness’s home to the courthouse.

Overall Length of the Witness Process

The witness process typically spans 30 to 90 days from preparing the subpoena to providing testimony for the case.

The witness process generally includes:

• Preparation of subpoena documents
• Authorized delivery of the subpoena
• Witness response period
• Potential objection resolution
• Scheduling of the court appearance or deposition date

Complex cases involving multiple witnesses or scheduling conflicts may extend this timeframe.

Alabama’s Hearsay Exceptions Might Allow Previous Witness Statements

When witnesses refuse to testify in Mobile car crash cases, Alabama’s hearsay exceptions can sometimes save their valuable evidence. Pre-recorded statements may be admissible if the witness is unavailable despite proper legal efforts to secure their testimony.

Alabama Courts recognize several hearsay exceptions including statements made immediately after the crash. Statements against interest, prior testimony under oath, and business records can also enter evidence despite hearsay objections. These alternatives help preserve critical witness information even when the person refuses to appear in Court.

Need Legal Help? Contact Andy Citrin Injury Attorneys Mobile Car Accident Lawyers Today

At Andy Citrin Injury Attorneys, we have a proven track record of obtaining compensation for our clients. Let us handle complex legal procedures while you focus on recovery; you can leave your case in our hands with confidence. 

Contact us today for a free case evaluation or complete our simple contact form to discuss your witness concerns with our experienced legal team. There are no upfront costs or fees to hire our firm, and if we don’t win your case, we don’t get a dime.

“Andy Wins for you!” 251-888-8888