Jeffrey S. Siegel, Esq., a partner at Bruno Gerbino, & Soriano, LLP, recently wrote an article titled “USE OF SUBPOENAS AT TRIAL IN NO FAULT,” in The Suffolk Lawyer, in it’s “For the Defense section.”
Mr. Siegel discusses the difficulties in using subpoenas in no-fault litigation and as well as the necessity for utilizing those subpoena’s in light of the courts rulings on the admissibility of EUO transcripts.
With the burden of proof so heavily placed on the defense a trial attorney must
use every arrow in his or her quiver. A subpoena is the surest way of securing
evidence, but only if the subpoenas are obeyed and the Courts enforce them. It
is clear that the Courts abhor fraud. It is our responsibility as attorneys to
do all we can to expose fraudulent behavior and make it easier for the Courts to
use their power to punish those involved.
Strangely, The Suffolk Lawyer doesnt have a “For the Plaintiff” section. This hurts me very deeply in the feelings.