Have you ever seen a lawyer getting ready to go to trial on Monday morning who has one witness and didn't think that there was any need to subpoena the only witness -- that the witness had to be there without a subpoena?

The lawyer appears to have no litigation experience at all and seems to think that the only element of defamation that needs to be proven is that the defendant made the statement. In other words, they don't even have to prove any damages at all? Without a witness to the statement, will the jury even have anything to consider in reaching a verdict?

Here's the pretrial conference:

Added bonus: the attorney is sanctioned repeatedly in the pretrial conference for contempt of court.

The pretrial conference was on Friday. How long does it take to subpoena a witness? Is it at all possible for her to subpoena the witness in time for a trial on Monday?

Yikes.

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The lawyer appears to have no litigation experience at all and seems to think that the only element of defamation that needs to be proven is that the defendant made the statement. In other words, they don't even have to prove any damages at all? Without a witness to the statement, will the jury even have anything to consider in reaching a verdict?

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for slander per se, damages are inferred. you don't need a witness.

in GA, slander per se is:

• (1) Imputing to another a crime punishable by law;
• (2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;
• (3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or

3 is the one at issue here.

on subpoena, didn't hear that part, so can't comment. ive seen witnesses not show up that attorneys thought would show up without subpoena. its not common, but also not rare.

Passed the Bar?

Standards in professional entities and higher education generally have seriously deteriorated as the goal has become to force through the largest variety of applicants possible for various political reasons.

Is this trial live? I cannot find any link.

did that attorney go to a "law school" in California?

rbs03Ag said:

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Is this trial live? I cannot find any link.

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My guess is that if it is available, it will be on the same channel later today or tomorrow.

BMX Bandit said:

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on subpoena, didn't hear that part, so can't comment.

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It's approximately two hours and eight minutes into the conference. The witness is apparently the defendant.

With a few words remove because I'm not sure what was precisely said or if the words are not necessary (such as a "you know"):

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Judge Barrie: Now on to who's present. Plaintiff will have ... .
Lawson: This is a civil matter ...
Judge Barrie: If you are going to subpoena him, I guess.
Lawson: He's going to be there so I need to know ...
Judge Barrie: ... he's going to be there or not. He's represented by an attorney and so he doesn't have to be present.
Lawson: He does. This is not criminal. He doesn't have a right to not testify. He does need to be there for a civil matter. You're saying I can subpoena him. Is he going to be there or not?
Judge Barrie: I don't know Miss Lawson. You all are going to have to talk with each other.
...
Mike (Legal commentator): To point it out to the opposition would be malpractice. You aren't representing them. You're representing your client.

...
Mike (Legal commentator): Sje cannot make a case. She does not have the evidence to make a prima facie case for whatever she's doing and she has the burden of proof. Oh, it's brutal.

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And the defendant's attorneys are loving all of this. They obviously don't think much of the prosecution's legal acumen.

A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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What are the odds that the lawyers might suggest that the witness go visit his Aunt Matilda in Minnesota for a few days and not tell anyone where he is gong?

I once requested a judge issue an "instanter subpoena" in the middle of a trial to get a witness to testify.
I don't know if there is such a thing. It sounded good and the judge bought into it.
He promptly sent a deputy to the witness's job and bring them in.

Georgia:

(a) Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days' imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required.
(b) The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required.

Ga. Code Ann. 24-13-26 (West)

The witness reportedly did not show up since he was under no obligation to appear and so the case was dismissed.

Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

If Georgia procedure resembles Texas procedure, then the answer is yes, it is no problem at all to serve a subpoena to a party on Friday for a Monday trial. If a person is a party to the lawsuit, in Texas that person can be subpoenaed instantaneously by email or e-service through their lawyer as long as the subpoena that is emailed complies with Rule 176. It is only non-parties that have to be found and served via process server. It is likely the same in Georgia. Once you've filed a lawsuit or been served with process and appeared as a party, you are before the court. Separate personal service of a subpoena is not necessary.

Ed Harley said:

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Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

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I've had several. Those are actually the most fun if you know you're well prepared on your side.

I am always wrong said:

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Ed Harley said:

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Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

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I've had several. Those are actually the most fun if you know you're well prepared on your side.

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Where do you practice if you don't mind my asking? And I don't disagree with you: that does sound fun if you're prepared.

Ed Harley said:

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I am always wrong said:

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Ed Harley said:

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Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

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I've had several. Those are actually the most fun if you know you're well prepared on your side.

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Where do you practice if you don't mind my asking? And I don't disagree with you: that does sound fun if you're prepared.

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All over Texas.

Ed Harley said:

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Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

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They had a witness list, but no subpoena was issued compelling them to appear.

eric76 said:

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Ed Harley said:

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Bryanisbest said:

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A subpoena can be served in half a day if the person's location is known. If the witness does not show on time, there can be an attachment issued for law enforcement to bring the witness to court.

If your lawyer was confident the witness would show up without a subpoena, she/he might have decided not to subpoena the witness to keep the other side unaware that witness was coming to court. Make the witness a surprise.

Negligent lawyers also fail to get prepared and subpoena the witnesses that may not show voluntarily.

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I've never had a trial where a witness list was not required.

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They had a witness list, but no subpoena was issued compelling them to appear.

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I was responding to the "make the witness a surprise" comment. It's a **** up not to subpoena a witness you need to appear.