What happens if a witness cannot be located or refuses to testify after a subpoena, and what remedies exist?

• A. The court cannot compel attendance.
• B. The court may compel attendance or sanction, and a party may seek adverse inferences if unavailable.
• C. The case is automatically dismissed.
• D. The party may proceed without any remedy.

Answer: (B)

Subpoenas are powerfully enforceable orders to testify. When a witness cannot be located or refuses to testify after being commanded, the court has tools to make sure testimony can be obtained and the record isn’t unfairly missing key evidence. The court can compel attendance, forcing the witness to appear and testify, and it can impose sanctions for noncompliance, including contempt, fines, or other penalties designed to pressure compliance. If a witness remains unavailable despite those measures, the party seeking testimony may request the court to allow an adverse inference—an instruction or jury belief that the missing testimony would have been unfavorable to the party who did not produce the witness or who prevented testimony. These remedies aren’t automatic; they involve a court process and depend on the specifics of the case, but they establish that a witness can’t simply be ignored after a subpoena without consequence, and they provide a way for the factfinder to weigh the impact of the missing testimony.