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?
3 Answers from Attorneys
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.
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.
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.)
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