How do I subpoena a reluctant material witness outside the county court of jurisdiction?

UPDATED: Aug 27, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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