Have received subpoena from out-of-state to appear as a prosecution witness in criminal trial. Must I attend?
September 30th, 2009 | by admin |Trial location is roughly 200 miles distant. Subpoena received by mail has not been seen or acted upon by a judge or court in my state. It came straight to me from the out-of-state court, a state superior court, not a federal court. I do not want to attend this trial. Subject to advice received here, I plan to ignore this subpoena until and unless it is domesticated. If the out-of-state prosecutor does attempt to domesticate this subpoena, will I be given a hearing locally and a chance to explain to a LOCAL judge why I do not want to attend this trial? Just so you know, my issue is with the travel itself (not cost of travel, the travel itself) and not the testimony. If the out-of-state prosecutor would accept a local deposition, I would cooperate. But the ONLY contact I have had from these out-of-state people is the subpoena itself. They never called to talk things over or learn what I know. Nothing else. Just the subpoena. I will not contact them. This confirms service.
I’ll give the standard advice, contact a lawyer in your jurisdiction, yada, yada, yada. But …,
A state court will compel attendance only of a witness who is served with a subpoena while physically present in the state in which the court sits. If you were not served with the subpoena in the out-of-state state, the out-of-state court is not going to charge you with contempt, arrest you, or send out the marshals–unless someone lies and says they caught you on a quick trip into the out-of-state state. This is regardless of the distance between the you and the courthouse (200 miles here), how much contact you had wtih the out-of-state state, or how much the out-of-state prosecutor really, really needs your testimony.
States take three approaches to defining the geographic scope of their subpoena power. Some states limit assertions of subpoena power to a restricted geographic territory within the state (say 100 miles from the issuing court). But most states authorize statewide subpoena power. Now, there are a few states that purport to authorize long-arm or extraterritorial subpoena power. But even then, this is confined to situations where the Court already has jurisdiction over the subpoenaed individual (such as a party to the litigation or maybe the director of a party corporation).
Talk to any lawyer and I’m confident you’ll find that an out-of-state subpoena served on you by mail is really, just a piece of paper and the prosecutor knows it and is hoping you’ll just show up anyway.
Now, the out-of-state prosecutor can come down to your state and get the local courts to issue a subpoena.
The link I cite gives a decent overview of this subject.
Note, the subpoena issue is different than the question of whether you have sufficient minimum contacts with a state so that their courts can exercise jurisdiction over you in a lawsuit.
15 Responses to “Have received subpoena from out-of-state to appear as a prosecution witness in criminal trial. Must I attend?”
By Justsyd on Sep 30, 2009 | Reply
Yes, you must attend or they will issue a bench warrant for you. If you have a medical condition that makes it difficult to travel contact the court, fax them proof, and ask to set up a local deposition.
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By Don W on Sep 30, 2009 | Reply
I believe (don’t quote me, I’m not looking it up) if you are subpeoned you gotta show up or explain to the judge in the case why you can’t.
Don
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By dasvidas on Sep 30, 2009 | Reply
It’s going to depend on state law, so without knowing what state the subpoena was issued from and the state in which you reside, this is a difficult question to answer.
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By topgunpilot22 on Sep 30, 2009 | Reply
just call the out of state people and ask them why they need you don’t be an idiot. If you don’t go or atleast attempt to contact who ever sent it you could face legal problems of your own so just call them
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By Diana on Sep 30, 2009 | Reply
YES, unless you want to go to jail. Why not contact them to see if you can swear locally to an affidavit/deposition that can be read in court there in place of you appearing there in person? I have heard of that being done.
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By wildraft1 on Sep 30, 2009 | Reply
Did this come via registered mail? If not, who’s to say you ever got it? Maybe it’s just another letter "lost in the mail" (wink wink).
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By hummingbird on Sep 30, 2009 | Reply
A subpoena is a subpoena. You must attend or you will get into trouble. YOu need to make arrangements with the law firm on the subpoena. Ignoring it won’t work. You should be paid a flat fee for attending, plus mileage, but make sure you ask for it. Sometimes they dont’ pay if you don’t ask. Don’t ignore it. Maybe a notarized statement will be enough, but contact them to find out.
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By fr_chuck on Sep 30, 2009 | Reply
No a local deposition will not work in a court trial, since the accussed has to have the right to cross examine the witness against them.
And of course you can be held in contempt of court for not showing up, ( but most likely will not)
A subpoena is not like a warrant,
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By MBH on Sep 30, 2009 | Reply
I’ll give the standard advice, contact a lawyer in your jurisdiction, yada, yada, yada. But …,
A state court will compel attendance only of a witness who is served with a subpoena while physically present in the state in which the court sits. If you were not served with the subpoena in the out-of-state state, the out-of-state court is not going to charge you with contempt, arrest you, or send out the marshals–unless someone lies and says they caught you on a quick trip into the out-of-state state. This is regardless of the distance between the you and the courthouse (200 miles here), how much contact you had wtih the out-of-state state, or how much the out-of-state prosecutor really, really needs your testimony.
States take three approaches to defining the geographic scope of their subpoena power. Some states limit assertions of subpoena power to a restricted geographic territory within the state (say 100 miles from the issuing court). But most states authorize statewide subpoena power. Now, there are a few states that purport to authorize long-arm or extraterritorial subpoena power. But even then, this is confined to situations where the Court already has jurisdiction over the subpoenaed individual (such as a party to the litigation or maybe the director of a party corporation).
Talk to any lawyer and I’m confident you’ll find that an out-of-state subpoena served on you by mail is really, just a piece of paper and the prosecutor knows it and is hoping you’ll just show up anyway.
Now, the out-of-state prosecutor can come down to your state and get the local courts to issue a subpoena.
The link I cite gives a decent overview of this subject.
Note, the subpoena issue is different than the question of whether you have sufficient minimum contacts with a state so that their courts can exercise jurisdiction over you in a lawsuit.
References :
http://www.law.pitt.edu/wasserman/law6a.htm
By Wisdom on Sep 30, 2009 | Reply
The answer given you by MBH is correct with one important caveat:
If by chance the out-of-state prosecutor actually pursues you to the extent of coming into your state and taking the matter before a judge in your state, everything changes. Subpoenas are very much an in-state construct. They are very serious legal events provided they be valid. The moment the subpoena action is brought into your state, domesticated as you correctly refer to the process, you must give the matter your maximum attention. Any subpoena action within your state is extremely serious. Do not ignore such legal activity. If an in-state court judges the out-of-state subpoena as valid and having merit, you are skewered; you are toast. But as long as the subpoena comes solely from outside your state, you can ignore it. The out-of-state court simply has no jurisdiction over you. Not without first coming into your state and taking the matter before a judge in your state, and most likely within your county. Whether you will have the opportunity at that point to a local hearing before a local judge I do not know. But you can tell an out-of-state judge to go pound sand, so long as it’s not a federal judge. Good luck. I think you will be OK. And it was cool of you not to respond to the subpoena. Most people are unaware inviting response is a trick subpoena issuers use to confirm your receipt of the subpoena. It’s a trap. You got that one right! Also ignore the early answers you got. Those poor people must have been stung by subpoenas in the past. But they do not realize the critical distinction between in-state and out-of-state subpoena actions. Finally, just to be on the safe side, I would not make travel plans any time soon for the state that issued you the subpoena. Why play with fire! If you ignore their subpoena and then tread on their turf, there’s at least a chance you could be arrested. But take it to the bank, they can not and will not come into your state and arrest you. Even if you ignore a domesticated subpoena, it is your own state authorities that will arrest you, not the authorities from the originating state. They have no jurisdiction in your state. And if they try to force your extradition, you can fight them in your local court. Relax, have fun, but stay home.
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By sfs18 on Sep 30, 2009 | Reply
Subpoenas are binding no matter what state they are issued from or what state you are in. You must show up or they WILL issue a bench warrant.
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By cornucopia on Sep 30, 2009 | Reply
yes if you don’t want to go to jail
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By Laura D on Sep 30, 2009 | Reply
MBH and Wisdom are right. But it’s still scary to ignore a subpoena. I bet you could find a local attorney who would give you thirty-minutes free time and answer your questions.
Stay out of jail,
Laura
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By logand_101 on Sep 30, 2009 | Reply
If you do not live in the area you can send it should say on the letter and u can send a letter, e-mail etc. to confirm that you don’t live in the area and you will be excused. Good Luck To Ya’
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By Mary G on Sep 30, 2009 | Reply
yes
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