What to do if I just received a subpoena to appear as a witness before a Grand Jury and its on the other side of the country?

UPDATED: Jan 29, 2015

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What to do if I just received a subpoena to appear as a witness before a Grand Jury and its on the other side of the country?

It is for an IRS criminal investigation of a former customer of mine, to whom I simply sold an antique book over 5 years ago. I have no idea why they would want to talk to me; I have not even heard from this customer in the past 5 years.I live in Florida and the subpoena requires that I appear before the U.S. District Court in Alaska (in the winter) in a few weeks. Can they do that? Can they really command me to travel from that far? Doesn’t Federal Rule of Civil Procedure (FRCP) Rule 45 state that, as a witness, I cannot be commanded to travel more than 100 miles in most cases, and never out-of-state?

Asked on January 29, 2015 under Criminal Law, Florida


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

What the rule says is that the Court, on timely motion, must quash or modify a subpoena that requires a witness to travel more than 100 miles.  So if you do not want to go, you need to file a motion to quash the subpoena.  If you do not know how to do that, consult with an attorney who can walk you through the process.

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