{ "media_type": "text", "post_content": "California is the venue. We recently served Trial Subpoenas on a number of medical doctors. Two just responded that they will not show up and will not sign an on-call agreement. Thinking of requesting a bench warrant when they fail to appear. Thoughts?", "post_id": "627e8fe36a90ec00259e9c1e", "reply_count": 8, "vote_count": 4, "bowl_id": "5dba147dd2d8ac00223b11d9", "bowl_name": "Litigation & Arbitration", "feed_type": "bowl" }
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California is the venue. We recently served Trial Subpoenas on a number of medical doctors. Two just responded that they will not show up and will not sign an on-call agreement. Thinking of requesting a bench warrant when they fail to appear. Thoughts?

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Bring a motion to compel. Did you depose them? How important are they? Is this Kaiser?

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CA lawyer here, but need more context. I believe you’d have to wait until the trial to have a warrant issued and your case could suffer if you wait that long for a remedy. Appeals are great in theory, but try to avoid unless your client has deep pockets or doesn’t mind biding his/her/their time in a cell.

A well-reasoned response would depend on a number of things including but not limited to: whether the trial is in a civil or criminal matter, State or Fed, why you need the doctors to testify, what you expect them to offer, and/or if they offered any other sworn testimony you could use at trial.

Feel free to DM me.

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^ agreed. This worked for us in a similar situation. I don’t think they fully appreciated the potential consequences.

Firmly but fairly advise them that if they don’t comply the judge will likely issue a contempt order and sanctions (cite the applicable statutes), then advise that you’ll pay their market rate hourly expert witness fee (required anyway for treating docs subpoenaed to testify at trial if they demand it) and that you’ll make things as convenient as possible with an on-call agreement. Basically show them the stick, then offer them a carrot. Plus you’ll have a nice paper trail for the trial judge.

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Are you plaintiff or defense?

Agree I would threaten them with a bench warrant in a nice, firmly written letter which also threatens costs. Maybe money talks. 👍🏻

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