Legal Question in Wills and Trusts in California

I live in washington state and received a subpoena for a civil action in California. Do I have appear and what happens if I don't appear?

Asked on 7/16/13, 10:39 am

3 Answers from Attorneys

Scott Jordan Dunning Law Firm
0 users found helpful
0 attorneys agreed

What is the subpoena for? To appear as a witness at a trial? For records? Generally, you cannot be compelled to appear in California if you live in Washington.

Read more
Answered on 7/16/13, 10:42 am
Joel Selik
0 users found helpful
0 attorneys agreed

Is it a California only subpoena, or did they get your state's court order also? Usually, out of state are required to appear only within 75 miles of their own residence.

Read more
Answered on 7/16/13, 11:13 am
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

Thank you for posting an actual interesting and important legal question today. Some of the others have gotten on my nerves.

The law that Mr. Selik mentions, the 75 mile rule, applies to parties, and party affiliated witnesses. A party affiliated witness is someone like an employee to a company that has been named in the suit.

It sounds to me like you are a true nonparty, however. If a nonparty witness lives in another state, his or her attendance at a deposition can only be compelled under the law of the jurisdiction in which the deposition is to occur. A commission is often required to achieve this. A commission is a request from a California court to a court in another jurisdiction, asking for that foreign courtís assistance in facilitating the process of the California proceeding. (Code Civ. Proc., sect. 2026.010.)

Read more
Answered on 7/17/13, 2:30 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now