I've been supeonaed several times in the past ten+ years I've been doing this job. Of all those times, I've been interviewed by the prosecutor once prior to going to trial, and she decided she didn't need my testimony. Every other time the cases settled out of court, so I have never actually had to testify.
Oh yeah, I have been subpoenaed. I work as a medic in a Federal Prison so I have been called to court on several occasions. None of them increased my confidence in our legal system. On one event we had a stabbing that resulted in an inmate's death. The family sued the prison, and me, for shoddy medical care resulting in the death. They lost. A year later I was back in court when the family sued the hospital for wrongful death. At that trial I was the heroic medic who did everything right and the hospital killed the inmate. It was surreal.
A few tips:
Success at a trial starts with your documentation. Never, ever, cut corners on your documentation. Paint an accurate picture of the events and write down everything that you do. You will not be going to trial a few weeks after the incident. It will likely be years later. That document will be the only thing that will jog your memory. Unfortunately it is just as likely to be the nuisance call that brings you to court as the memorable assault.
If you are one of those medics that keeps a journal, diary, or log be very careful about referring to it. If the prosecuting attorney becomes aware of it he can request that it be entered into evidence. At that time it will not be just the information relating to the event that will be reviewed. The whole thing will be used to try to bring out any prejudices you may feel about the patient or your job.
When testifying, think before answering. Take your time. If you answer quickly the lawyer can get you into a pattern of rapid replies and then suddenly stick a question in that is designed to trip you up. You may answer it incorrectly and not be able to correct yourself.
Only answer the question asked and do not volunteer extra information. Extra information may take you to unpleasant territory. A medic friend of mine simply mentioned that she had a reputation of having a good memory. The prosecuting attorney then quested to see her purse, which she unfortunately carried with her to the witness stand. He next quizzed her on the contents of her purse in front of the entire court. When her lawyer objected the judge allowed it because she opened the door to a test of her memory. It was humiliating.
If you do not understand a question, asked that it be repeated or rephrased. If the lawyer refuses or still asks an ambiguous or misleading question, ask the judge for clarification.
Even your defense attorney may not be your friend. If he can see a way of helping his case by destroying you, he will do it.
Lastly, keep your cool. Even if the lawyer is insulting or demeaning to you, your partner, or your agency. If he can get you to lash out or even respond in kind to his rude accusations he/she will crucify you as a hot-head or easily flustered.
This post got longer than I thought, but if it helps anyone who goes to court it was worth it.
Yes. However after the Crown Prosecutor realized I had moved from the city where the incident happened it wasn't worth the money to pay to bring me back. The guy pled guilty later anyway.
Another time I was at a scene with several other crews and everyone but me got a subpoena. Even the student. Don't know how I got missed. That guy pled out as well.
I've been on numerous scenes where I was sure I would be getting a call for court, but so far I've lucked out.