Tennessee Injury Law Center
I was hurt in a car wreck. There is a witness listed on the accident report but he won’t talk to me. I need his help. Can I make someone testify?
You cannot make anyone speak to you. If a lawsuit is filed, you can serve a subpoena on a person who has or allegedly has knowledge about a case. A subpoena is a document issued by a court that requires someone to appear at a stated location and give testimony. A person can be subpoenaed to give testimony for a deposition, hearing or trial.
The mere fact that a person can be commanded to attend a deposition, hearing or trial does not necessarily mean that they will tell the truth about what they observed or know or that they will cooperate. In other words, a subpoena can be used to force someone to show up, but it does not force them to give truthful testimony.