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Question about a subpeona

Discussion in 'Parents Off Topic' started by momtojess, Sep 19, 2009.

  1. momtojess

    momtojess Approved members

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    deleting posts...too much cwd drama
     
    Last edited: Oct 17, 2010
  2. FeeferGross

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    my girlfriend says that she believes that they just reschedule it for when you're in town :) her dad serves them.
     
  3. FeeferGross

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    just reread, you don't live there. um. you can probab;y call them and give your statement or whatever over the phone. :)
     
  4. bgallini

    bgallini Approved members

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    I have no idea but it makes sense that they'd let you give the statement in your home town...somehow.
     
  5. hawkeyegirl

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    Tammy, state or federal court?

    I'd contact a lawyer, and advise you not to rely on the following as legal advice. I am not licensed in your state.

    My understanding is that a subpoena issued by state X does not need to be honored by a resident of state Y. I believe there are mechanisms by which you can get a subpoena "domesticated" in the non-party's home state, but I suspect that wasn't done here.

    If you don't want to hire your own attorney, contact the attorney who subpoenaed you. Tell him/her that you will not be in Florida anytime soon, and simply cannot travel down there at your own expense. I suspect that they will either hire local counsel where you live to depose you, or, if your testimony is really that important to them, will fly up to depose you where you live.

    If this is in federal court, I honestly don't know the answer.
     
  6. RosemaryCinNJ

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    It most likely can be done by telephone so I would ask.
     
  7. bluedevils_fan

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    You might be able to go to a local court reporting agency and they can conduct the deposition over the phone with the court reporter sitting with you to take down your testimony. The firm I work for in Ohio does this when we need to depose someone out of state. You need to contact the lawyer who subpoenaed you to find out if this is an option.
     
  8. hawkeyegirl

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    Definitely call the defense attorney. I doubt they'll pay for you to come down there, but if your testimony is that important to them, they'll find a way to do it where you live. :) I'd be sure to tell them that you wouldn't be able to travel down there for a trial, either.

    The fact that this is a criminal case might change things a bit, but I'm not sure. I don't do any criminal work.
     

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