Subpeona for My 3 Year Old?

Updated on June 21, 2012
M.S. asks from Ellicott City, MD
17 answers

My husband was in a car accident in April and my 3.5 year old son was in the truck with him. It was 100% the other drivers fault. Apparently the other driver was also driving on a suspended license, and now we have received a subpeona for my husband to appear in court, and also one for my 3 year old. My husband will obviously go, but why would they want my 3 year old? He is not a reliable witness and would not be able to recognize the guy or anything. He stayed in the truck until I got there a few minutes later, and the whole time the other driver was still in his car as they had to use the "jaws of life" to get him out! It was a rather traumatizing experience to begin with (Dodge Ram 2500 was totalled - it was a seroius accident but thank god my son and husband were not hurt). Anyway, I see no point in him going to court. He is a very high energy child and it would be hard to "contain" him at 9am in a court room if we have to sit and wait for a long time for our case to be called. I have left a message with the states attorney to find out if he really needs to appear. Am I required to bring him? Anyone else had something similar happen?

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So What Happened?

Thanks for the responses so far.
Just to be clear - I never said I was going to just not show up, and I also said I have called and left a message for the states attorney. And, thank you, yes I can "control" my kid for a while. I have been to court before and sat on a bench and waited for 2-3 hours for the case to be called, and that is a long time for any 3 year old to sit and wait quietly.

More Answers



answers from Raleigh on

I know this is not funny, but I had to giggle just a little. My husband and then 4 yo son were in an accident involving three cars one morning. Everyone was fine, but when I asked my 4 yo what happened, he told me a spaceship landed in the road and Daddy hit it. I can only imagine if he had to give his account in a courtroom. haha
Anyway, maybe has if you and he can wait outside the courtroom. I couldn't imagine having to contain a child that age inside. I don't think that's an unreasonable request.

5 moms found this helpful


answers from Bloomington on

Contact the attorney that issued the subpeona. Maybe they have your child's age wrong, and think he is older. I think you need to do the leg work to resolve this and not just have him not appear.

ETA, maybe you could talk to your insurance agent. They may be able to resolve this for you.

5 moms found this helpful


answers from Chicago on

Show up and allow them to dismiss you - sorry, it sucks, but do you really want to be in contempt of court?

4 moms found this helpful


answers from Charlotte on

M., I appreciate Itsacrazylife's explanation to you. THAT piece of info about the insurance payout is worth its weight in gold and you may not have found out about it from the people you called. Sometimes just understanding the "whys" of something that doesn't seem to make sense makes all the difference, doesn't it!

If I were you, I'd take a friend with you, who your son knows, to help you keep him occupied, and like others have said, bring bunches of stuff for him to quietly do. I understand high energy boys. It IS hard for them to sit for hours and you don't need to be chided for that.

Best of luck at court, and I'm glad your hubby and son weren't hurt.


4 moms found this helpful


answers from Chicago on

A friend of mine was in an accident about 10 yrs ago when her daughter was 2. She also received a subpeona for herself and her little one. It took almost 4 hours to get to their case. She took a bunch of crayons, books, little toys. They would not let her in and out of the courtroom for breaks. But when the case was called, they did call her daughters name, the judge indicated to let the records show, etc, that the "witness" was a 2 yr old minor. Also told her she was smart to not leave her home because not including the witness could have impacted any type of insurance payout. I guess they could have gone back and fought the payment made.

The idiot that hit her tried to made a left hand turn from the right hand lane. She was in the left hand lane on a 2 lane road.

4 moms found this helpful


answers from Dallas on

I would contact the attorney cause if he doesn't show and he's required to you as guardians could be held in contempt of court. They may just want to see yes your son is 3 or they just want all passengers there. Don't just ignore it that could be very bad!!!

3 moms found this helpful


answers from St. Louis on

They probably didn't realize he is three. He may have just been listed as a passenger. I am sure the attorney will call back and say just kidding, or some more proper variation on that theme.

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answers from San Francisco on

Unfortunately, you are required to bring him. But he is three and I know for a fact that you could be waiting in the hallway for a long time. If your child gets wound up, that's their problem. They are the ones forcing you to bring him; they just have to deal with it.

I bet if he does get a bit out of hand, they will get you in and out faster!

I wouldn't worry about it. They can either get him in and out fast or deal with the consequences. They may actually decide not to call him and release you without him testifying. I would think once the judge realizes he's three, he would say no way to testifying, but who knows. It's crazy that anyone subpoenaed him to begin with!

3 moms found this helpful


answers from Cleveland on

you could end up with a much bigger hassle than containing a 3 yo, if you don't make some calls and find out if in fact they want him there and also what exactly it is for.
don't just not show up.

3 moms found this helpful


answers from Hartford on

The state's attorney subpeona'd your son? My guess isn't that they want him as a witness that would give a detailed, blow by blow account of the accident or even how good of a driver his daddy is... but to humanize the accident. It will help the DA (or ADA) show that your husband would have been driving cautiously because he had a child in the car, precious cargo, and wouldn't have been likely to contribute to the accident as much as the defendant will try to make it appear.

That's just my guess. The DA may want to use your son on the stand but a judge might not allow it.

2 moms found this helpful


answers from Boston on

Is the subpoena for the state's criminal case against the other driver? It may just be for proof that the 3 year old exists. I doubt anyone expects him to testify! You can wait outside until your case is called but it may just be a clerical error.

2 moms found this helpful


answers from Washington DC on

You need to contact a lawyer. It is most likely they want evidence that there was more than one person in the car.

Read through this.

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answers from New York on

Jill F. is correct, I would also contact the attorney for your insurance company (assuming the are not the ones who issued the subpeona) and the court.

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answers from Philadelphia on

i was subpeona'd for when i was hit by the drunk driver. i think if your husband goes without him it will be fine. They J. automatically issue them for witnesses they probably didnt realize it was for a kid. it's not like theyre going to rely on a 3 year olds testimony. I'd say you did fine leaving the message and go without him

2 moms found this helpful


answers from Jacksonville on

Whatever you do, do NOT just not take him. It is NEVER a good idea to just ignore instructions by a court.

Make a few calls. The list for witnesses probably didn't include their ages, or there was a typo regarding your son's age. I would assume that it is standard to request a subpoena for all passengers in both vehicles. Probably nobody even looked at or is aware of their ages.

This won't be a big deal. But call and get it cleared up, and do NOT just not take him. If they still say he needs to be there (maybe to visibly see him only), then ask your questions about how long it will take, how long you will need to keep him entertained in the hallway, etc. Most people in the judicial system will try to be kind, especially regarding children. But you have to ask questions.... don't just expect they will make accommodations if you don't speak up or let them know he is 3 years old.

1 mom found this helpful


answers from Oklahoma City on

They may want to ask him all sorts of questions. If he has a subpoena he has to be there.

1 mom found this helpful


answers from Los Angeles on

I believe you do have to bring him...

They probably wont use him as a witness.

I believe in your ability to control your child for a little bit. Don't sweat it.

1 mom found this helpful
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