Do we have to comply with a subpoena from another state?
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Do we have to comply with a subpoena from another state?
We just received letters from a District Court in Maryland, for a State Vs. trial
as witnesses for the state. The letter has the infomation for the court date
and the name of the Administrative Clerk at the bottom, and that is all. We
live in New Jersey. Are we required by law to appear? We do not wish to
appear as witnesses.
Asked on May 19, 2017 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you are required. Under the U.S. Constitution, every state has to honor the legal processes (court judgment, subpoenas, etc.) of every other state; the fact that the subpoena is from out of state does not invalidate it, and it is as binding on you as a subpoena from your own state. If you do not appear, you could held in contempt of court and punished. Because of the distance, you *may* be able to get expenses or some compensation for your appearance: contact the prosecutor's office and court.
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