If I was told I will be subpoenaed as a witness in an out of state divorce trial, do I have to appear?

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If I was told I will be subpoenaed as a witness in an out of state divorce trial, do I have to appear?

Asked on October 9, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas does have a agreements with other states for securing the appearance of witnesses from other states.  Plopping a subpoena in the mail is not sufficient to get you to another state.  They issuing party must file an application for an interstate subpoena here and in the originating state.  They must comply with the notice rules in Texas and the ones in their home state.  They must also offer to pay you reasonable travel expenses associated with the subpoena.  To avoid these requirements, many attorneys will just send a subpoena in the mail and see if you will comply-- essentially tricking someone into going.  If you get a sub in the mail-- you can wait until they comply with the formal requirements.  If you receive something that you are not quite sure what it is, (a subpoena or court order or petition for a subpoena), then arrange for a consultation with an attorney to review if for you so that you do not risk a contempt action.


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