I’m housebound but was subpoenaed to testify in court

[u/Fairy_lux]

I’m scared, back in February my partner was driving me to my moms house and we saw a man yelling at a woman in the middle of the street. I called 911 cause I wasn’t sure if she was safe and we kept driving. I just got a subpoena to testify as a witness. I have been completely housebound for the last 4ish months, with the exception of being in the hospital. I’m not even able to walk my dog. The idea of having to be in a courthouse for who knows how long, having to be upright in my wheelchair is terrifying. I called and asked if there’s any way I could testify via video call and they said they’ll see what they can do and get back to me but it sounds like that’s not a likely option. I’m just scared and don’t know what to do even though I don’t really have any choices

[u/Emotional_Warthog658]

I believe they can come to your house and take your deposition; or you can join via zoom 

[u/Emotional_Warthog658 → u/Emotional_Warthog658]

But I would actually call the clerk of the court and just explain your situation and ask or the subpoenaing attorney

[u/Fairy_lux → u/Emotional_Warthog658]

I did they said they’d get back to me but that it’s not likely I’d be able to video call in 😓

[u/SpecsOnThe_Beach → u/Fairy_lux]

Then you can't make it. You just need to explain your situation to whomever sent the subpoena. They're not going to hold a disabled individual in contempt of court if you made reasonable attempts to let them know. I know it sounds really scary, but it's not that uncommon for things like this to happen.

[u/Fairy_lux → u/SpecsOnThe_Beach]

Unfortunately they very well might. It’s not like jury duty or something easier to get out of. I’m going to push hard as I can to talk to everybody possible to explain I need to be able to video call tho but being subpoenaed to trial is taken a lot more seriously

[u/Weary_Cup_1004 → u/Fairy_lux]

I have been subpoenaed to court before as a professional, and I dont think its as all or nothing as it might feel!! The clerk might just try to pressure people because everyone probably always tries to get out of these things. The clerk also might not know all the options. Disability and illness is a reason that you cant be held in contempt of court if you physically cant get there.

Do you have access to talk this over with a social worker or a nurse? They can help you navigate this - this is not an unusual problem. Lots of disabled people have to go to court. The Americans with Disabilities Act does apply to courts too.

Like others are saying, make sure you say "i am medically disabled. "

[u/Fairy_lux → u/Weary_Cup_1004]

Thank you for the advice, I did tell the person I talked to that I’m disabled and specifically said disabled. Once she gets back to me if she says I can’t video etc I’ll for sure as who else I can speak to about it

[u/Fairy_lux → u/[deleted]]

Full stop. I am not “blowing this out of proportion” by expressing my worry and feeling scared when disabled people are constantly not taken seriously. Yes I’m aware there are laws in place. All I have stated is my fears towards it what I’ve done thus far. What’s really “not a good look for us” is downplaying others feelings and tell them how they should feel and react when faced with difficulties

[u/flowerchildmime → u/[deleted]]

Ablest.

[u/SpecsOnThe_Beach → u/Fairy_lux]

I didn't say it was about jury duty. I've been in your situation before and I promise you, it's really not as dire as you think it is. Take a beat before you start this process; going in with this perception will not help your situation or your mental health. The courts hate doing Zoom calls, but legally they have to accommodate for you. Your disability will be accomodated for, or you don't go, it's really that simple. The worst thing they could do is hold you in contempt of court, you tell the presiding judge about your circumstances, and they dismiss the case. Even if it isn't dismissed (which I can't see happening) your punishment is a $500 fine.

Again, before folks jump on me, I've been in this situation before, multiple times. Not for jury duty, but as a witness.

[u/Fairy_lux → u/SpecsOnThe_Beach]

Thank you for the advice, it’s hard not to get overwhelmed

[u/Effective_Fly_6884 → u/Fairy_lux]

I haven’t read all the comments, but please contact your PCP and ask them to write a letter.
They’re not going to punish you when you have informed them in every possible way that you cannot be there.
Best of luck to you. Sending calming vibes if you like.

[u/Most_Public2696]

Sorry you’re under this extra stress! Just a tip to be sure to tell them you require a “disability accommodation”. They must accommodate disability up to the point of undo hardship because it’s a protected class under legislation. The key is saying disability.

[u/starulzokay]

I’m a legal assistant, and have had witnesses request this exact accommodation several times in the wake of Covid. I’ve never seen a court deny a housebound person’s request for Zoom testimony. Could you share the court jurisdiction? I can help you find the exact protocol for requesting this accommodation. It’s often not the general clerk’s responsibility to manage accommodations for specific cases.

[u/Unlikely-Worker9671]

The idea of that sounds awful to me too. I think you should definitely let them know you’re disabled and ask if they can accommodate you with a private sitting room where you might be able to lay down if needed. Alternatively, would they be willing to cover the cost of renting a wheelchair that allows you to recline for the day? 

[u/Fairy_lux → u/Unlikely-Worker9671]

Good suggestions when they call back I’ll mention those

[u/Future-Account8112 → u/Fairy_lux]

Pretty sure they’re legally required to accommodate disability. You are disabled - use that word, disabled - and tell them you can’t sit up long enough to be in court. There is no reason they can’t do a video call. Don’t take no for an answer on it, if they give you a hard time it’s probably just the receptionist and go higher than them

[u/thefacadearchive]

I have been subpoenaed for court so many times. Not ashamed, it's what happens when you become disabled, unable to work and can't make payments. You get sued. (If you're curious too, every single one has gone in my favor due to the gravity of my situation).

Anyway, it's not an all or nothing. Court has to make accommodations. You just need to speak to the right people. I recently went to court in March (I even got a warrant for missing a date I didn't even know about.. sheesh) and I rescheduled and showed up but I couldn't speak. I wrote my testimony and the judge read it out for me. All was well.

The year before I simply couldn't go due to my health at the time. It was settled outside of court through various phone calls and emails. It will get sorted even if a video call isn't an option for you.

Wish you luck.

[u/Clean-Leather932]

If you have a decent doctor you can get a note from, that might help. I was called up for jury duty (which I'd LOVE to do if I wasn't so dang sick!) and was able to get discharged before I was expected to show up in person with that note + my SSDI letter. No questions asked - they just replied with the discharge.

Obviously your situation is different, but I'd recommend getting your needs out loud & clear to them ASAP with evidence. Don't wait & do not push yourself into a big crash. They can accommodate you.

[u/APinkLight]

I’m sorry you’re in this situation, it sounds frustrating and scary. I would keep advocating for accommodations. They will likely have some way to make an accommodation for you but I would be really proactive in reaching out and following up.

[u/orensiocled]

If they absolutely insist on you going in, could you hire a reclining wheelchair for the day? Mine was always absolute godsend in hospital waiting rooms etc.

[u/Constant-Canary-748]

I’m not sure if this is a common experience, but I was called to testify in a criminal trial for something similar (I recognized a guy who was doing a terrible thing in some doorbell cam footage, so I called the cops and IDed him, which led to his arrest). A couple of days before the trial, I called the prosecutor and expressed some concerns about having to testify… and she told me she thought they weren’t really going to need me. They weren’t going to call ME and tell me that— they weren’t just gonna let me show up and sit there all day, I guess?— but since I called THEM, they told me not to bother coming. Worth a try! 

[u/Great_Possession3305]

I suggest you figure out which party is calling you as a witness, and speak with their attorney about what options are available for you to testify virtually or otherwise accommodate your disability.  While the court may help in its own, they may also be hesitant to take actions without the attorneys' involvement.  Whereas the attorney calling you as a witness presumably is doing so because they believe your testimony will help their case. That won't actually happen if, the day of, you end up physically unable to get to the courthouse, or are so exhausted by the journey that you faint or are too exhausted to testify well. It's in the attorney's interest to work with you on accommodations that will enable you to testify effectively and help them prove their case. 

[u/Great_Possession3305 → u/Great_Possession3305]

Also, if neither the court nor the attorney will help, depending on your financial situation, you might be able to ask your local legal aid organization if they can help you file a motion to quash or modify the subpoena based on your disability. 

[u/Fairy_lux → u/Great_Possession3305]

Your comments are very helpful, thank you

[u/Educational-Bet-8979]

I’d call again, judges are normally accommodating in situations like this. An overworked prosecutor with active cases or trials going on are likely to forget or have more pressing matters needing urgent attention. Keep on them.