If a person is called as a witness to participate in a out of state trial, who pays for the travel and lodging?

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If a person is called as a witness to participate in a out of state trial, who pays for the travel and lodging?

I have a friend who was called to court as a witness in OR. He now lives out of state in NM. The OR courts indicate he will only be paid 8 cents per mile for the entire time of his participation in the trial. This seems totally inappropriate. This person can not afford to travel and does not have reliable transportation to make it that far.

Asked on June 8, 2011 under Business Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is it a civil case or a criminal case? In the criminal case the court can issue a subpoena and then a warrant.  The civil case as well but the likelihood that a warrant would be issued is unlikely.  Tell your friend that regardless of the type of case to call the party that called him as a witness and explain that he is unable to travel due to financial circumstances.  That he is more than willing to testify but that finaices are the only thing hindering him from coming to Oregon.  If he is a key witness the attorney will make arrangements to pay his expenses.  Otherwise they can take his testimony in other ways. It might be advisable to have him consult with an attorney.  Good luck to him.


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