Legal Question in Civil Litigation in Florida

Do I have to respond to an out of state subpoena

I reside in Florida and will soon be served for a lawsuit between my former employer and one of their vendors. Do I have to respond (appear, show up) to be a witness to a court case that will be in the state of Oregon. I do not want to leave my family and this case is not about any criminal activity by myself or the company. Can I be FORCED to leave my state and appear for this case against my will??? I think their attorneys are trying to trick me into thinking I have no choice in the matter.

Thank you for your help - Phil


Asked on 7/08/03, 11:08 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Do I have to respond to an out of state subpoena

If you are not a named defendant (a party to the lawsuit) personally or in your capacity, if any, as agent of an entity, then there is no reason why you would be "served with process" by the plaintiff. If you are a materail fact witness and are served with a subpoena, you may want to seek the advice of counsel at that point in time. If you are sued as a defendant and you ignore the lawsuit (i.e., fail to respond timely), then a final default judgment may be entered against you, and that judgment may later be domesticated in the county or state where you now reside, as part of the plaintiff/judgment creditor's effort to collect money based on the judgment. If you are sued, seek the advice of a lawyer immediately.

Read more
Answered on 7/08/03, 11:22 pm
David Slater David P. Slater, Esq.

Re: Do I have to respond to an out of state subpoena

A subpoena issued out of a state court usually has no authority outside the state.

Read more
Answered on 7/08/03, 11:56 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida