Answering a Deposition Subpoena in Someone Else's Crash Case

Attorney Answer

The check is not odd — a witness fee is supposed to come with a subpoena in Florida, and the fact that one arrived is a sign this is a genuine one rather than a scam. What that means is the more important half: a subpoena is a court's command, not a request, and the one thing you should not do is put it in a drawer.

Start with your position in the case, because people usually get this wrong and worry about the wrong thing. You are a witness, not a party. Nobody is suing you. Being deposed does not make you a defendant, does not put your insurance at risk on its own, and does not mean anyone thinks you did something wrong. Lawyers depose people who happened to see something, who took a photograph, who treated an injury, or who have a document nobody else has.

What a deposition is: you appear at the time and place the subpoena names, you are put under oath, a lawyer asks questions, and a court reporter writes it down. You answer truthfully, from your own knowledge. "I don't know" and "I don't remember" are complete answers when they are true. If the subpoena also lists documents, bring them.

Read the paper itself carefully. It should state a date, a time, a place, the court and case it belongs to, and the name and contact information of the attorney who issued it. Those details are how you confirm it is real, and they are also how you get help if the date does not work.

Now the parts where you should not act alone. Changing or challenging a subpoena is done through the court, not by declining to go, and that is a legal step rather than a phone call. And if you had any involvement in the crash yourself — you were driving, you owned a vehicle, you were a passenger — then your testimony may touch on your own conduct, and you should talk to a lawyer, and to your own insurer, before the deposition rather than after. If you were involved, your auto policy may already entitle you to a lawyer.

What you can do

1. Read the subpoena for the date, time, place, and any list of documents you are told to bring.

2. Confirm it is genuine by calling the issuing attorney's office at the number on the face of it, or the clerk of the court named on it.

3. Keep the check, the subpoena and the envelope together, and note the date you received them.

4. Do not ignore it and do not simply fail to appear. A subpoena is a court's order and there are consequences for disregarding one.

5. Gather any documents it lists, and do not throw away or alter anything related to the case.

6. If you were involved in the crash in any way, tell your own auto insurer that you have been subpoenaed.

7. Ask a Florida lawyer before the date if the time is impossible for you, if the subpoena asks for records you think are private, or if your own conduct could come up. That is usually a short and inexpensive conversation.

8. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts — the dates, the paperwork, the exact wording — is worth more than any general guidance, including this page.

⏱ Time limits apply. The deadline that binds you here is the appearance date printed on the subpoena, and it is not one to let pass — if it is a problem, raise it before the date, not after. Separately, if you have any claim of your own arising from a crash, Florida's limitations statute is Fla. Stat. § 95.11; a negligence claim accruing before March 24, 2023 ran under the former four-year period, and the Legislature shortened the negligence period in 2023 for later accidents. Which one applies to a given crash depends on its date and belongs with a Florida attorney, not with a page like this.