I've been served!

Discussion in 'General Education' started by Miss W, Aug 27, 2010.

  1. Miss W

    Miss W Phenom

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    Aug 27, 2010

    Wednesday my principal came up to my room to tell me that a processor (is that the right term?) was here to give me a subpoena to appear in court for a student that I had last year. I went down and she gave it to me. It was made out to Mr. Heath W. Well, my name is Heather and I'm pretty sure I'm still a Miss. So mess up on their part. What really gets me is that all it says that I have to deliver a report card.
     
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  3. ms. yi

    ms. yi Comrade

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    That's going to pretty great lengths for a report card. Do people have nothing better to do or what:confused:
     
  4. apple25

    apple25 Comrade

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    You'd think they do their homework and get your name correct. Seems weird that they'd have to use the court system to get a report card??
     
  5. JustMe

    JustMe Virtuoso

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    My patience for things of this nature...it's gone.
     
  6. mmswm

    mmswm Moderator

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    Aug 27, 2010

    Chain of evidence, I'm sure, comes into play here. Some of our resident lawyers could probably shed more light on why this course of action was necessary, but from my non-lawyer perspective, I'd guess that the lawyers involved are just making sure that nothing can be overturned on appeal.
     
  7. Kate Change

    Kate Change Companion

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    Wow. I will never complain about bureaucracy in my district again....
     
  8. TeacherApr

    TeacherApr Groupie

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    If it's not your name then it has nothing to do with you lol Their mistake. Make them correct it.
     
  9. wcormode

    wcormode Rookie

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    My wife has had this happen twice to her. It is usually a custody battle and she got paid by the court each time, $10.
     
  10. applecore

    applecore Devotee

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    Aug 28, 2010

    I got one last year. Yippee...not. Just as long as you don't have to do anything else, I'd hand them the report card and plead the 5th ammendment; seeing how it was last year and there's nothing else they want from you. (I have issues with divorcing parents dragging teachers into their personal messes, can you tell?)

    I'm assuming you signed for the paper when you were served, and you accepted it as is when you did. But if you didn't, for future reference, I wouldn't sign it until they corrected the name. It's a legal binding paper that you are entering into an agreement to follow the laws; especially if you have to show your ID when you show up and it doesn't match the court papers...wouldn't that be funny! Okay, so not for you, but for them.
     
  11. Chalk

    Chalk Companion

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    Ya well, don't get brazen and ignore it, even with a wrong name the Process server still reports that you got served and the judge, if she is feeling especially evil, could still hold you in contempt for not showing up. 21 days in lock up and 1k fine.

    Better talk to the lawyer that ordered you in, he may be thinking of putting you on the stand and they may have said "oh you just need to bring the report card" when really its "I want to teacher on the stand so I can blame my clients messed up kid on the public education system and get him off of the charges of child neglect"

    Been there, scene it happen and wanted to rive the get away car for my friend after beat the lawyer to a bloody mess. ( we didn't beat him just really really wanted to)
     
  12. MoreToLearn

    MoreToLearn Rookie

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    Aug 28, 2010

    In our district matters such as this are directed to the lawyer that deals with all the schools legal things. If you've been subpoenad for the report card you'd have to do that, but if they want you to do more he talks to the other lawyer(s) and makes the arrangements so that you are not mistreated or taken advantage of or put in the middle of a big dispute between parents. He then goes with you when you meet with the lawyers. Good luck on this!
     
  13. bros

    bros Phenom

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    Aug 28, 2010

    Make sure that the district attorney has been informed.

    Contact the legal personnel involved and have them correct your name.
     
  14. Hoot Owl

    Hoot Owl Aficionado

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    That's just awful! I'm sure things will turn out ok, but it still is just crazy!
     
  15. Joyful!

    Joyful! Habitué

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    I've also had to testify in a case that involved a wrongful death accident. They were using the report card to show the effect of the wrongful death had on the child.

    As with anything of this nature, be certain that your own rights are protected. I can not stress that enough. (It is not our nature as teachers to be less than helpful, but in this case, be sure a lawyer is helpful to you.)
     
  16. MrsC

    MrsC Multitudinous

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    Aug 29, 2010

    If you are a member of a union, be sure to notify them; they will almost certainly send legal representation with you.
     
  17. Mamacita

    Mamacita Aficionado

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    In many states, names must be spelled correctly in order to be viable. If your name is Suzan and it's Susan on the form, that's not you.
     
  18. Miss W

    Miss W Phenom

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    I won't ignore it, I promise. I've got a sub lined up for the day and will be going with my Principal. They did fax the corrected papers over to our school. I have them all on file. I know that it is a custody case, and hope what's best for the little girl is done. Mom and dad were not cordial to each other all last year (always blaming each other), and I had to do double conferences with them (seperately). Unfortunately it wasn't my only student I had to do that for last year.
     
  19. czacza

    czacza Multitudinous

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    :yeahthat:
     
  20. Brendan

    Brendan Fanatic

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    Depending on your state, you may not be able to be called to court if your name is spelt wrong. I would call your own lawyer or the lawyer who is serving you.
     
  21. 3Sons

    3Sons Enthusiast

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    Ugh, kind of annoying. Interesting that they subpoenaed you and didn't simply make a document request from the school. Did the subpoena mention anything about testifying?

    Pleading the fifth is really supposed to be only when the answer might incriminate you, not simply an "I don't want to answer" card. The judge might be lenient, though, and there may be other ways to get out of many questions.

    You've been given good advice here, though. Make sure the union knows, and accept whatever help and advice they give.
     
  22. TeacherApr

    TeacherApr Groupie

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    Ditto
    -in fact, anything you provide the court with could be thrown out because of that "minor" detail.
     
  23. Sarge

    Sarge Enthusiast

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    I'll bet it's a custody battle where one parent is claiming the other did not send the kid to school. The report card is evidence either way.
     
  24. Cerek

    Cerek Aficionado

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    I was going to make this same point. Refusing to accept the subpoena with the incorrect name isn't a matter of being belligerent or defiant, it is simply CYA since that technicality could invalidate any and all testimony you might provide.

    Since the lawyers sent corrected forms, you are doing the right thing by complying and it's nice having your P come along for support and backup.

    I also hope all goes well and that the judge's decision is made in the best interest of the child.
     
  25. Miss W

    Miss W Phenom

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    Latest update: I got a phone message this afternoon that they settled out of court and do not need me to come. At first I was a little miffed because I spent a lot of time preparing for a sub. Then I went and asked my P if I could keep the sub and finish my reading assessments. She said yes! I am very excited because this class is taking forever to finish testing. If I get done early, I'll work on updating the school website and preparing paperwork for a school wide field trip.
     
  26. TeaRoses4M&D

    TeaRoses4M&D Rookie

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    Sep 7, 2010

    That is great that it was settled out of court. Also,good thinking on your part-asking your principal to keep your sub. Glad she said yes.
     

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