How do I subpoena a reluctant material witness outside the county court of jurisdiction?
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How do I subpoena a reluctant material witness outside the county court of jurisdiction?
A civil case regarding timber.
Asked on August 27, 2011 Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
My understanding is that under the laws of all states in this country under rules of civil procedure a subpoena issued in one county of one state is valid throughout the state where issued and is binding.
If the witness that you want to subpoena is outside the state where the lawsuit is venued and you have several months before trial, you can go through a process of having an out of state deposition subpoena issued for this reluctant material witness and have him or her served with the deposition subpoena with the ultimate goal of having the deposition taken out of state if this is the situation.
Once the depositon is taken it, can be used as evidence at trial if the witness does not appear. This is why depositions are very important in pre-trial discovery.
If you do not have an attorney representing you on your matter, you should consult with one,
Good luck.
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