Legal Question in Civil Litigation in Nevada

Interstate subpoenas

Is a civil subpoena issued in California honored by a Nevada company? RE: employment records


Asked on 11/21/05, 4:40 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Interstate subpoenas

Yes. Especially if it is for child support. Otherwise, you can make them get a local subpoena but you may end up paying attorney's fees if they have to go to that trouble.

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Answered on 11/21/05, 4:50 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Interstate subpoenas

In general, the answer is "no". In general, the state courts of one state have no jurisdiction over the residents of another state. So in your hypothetical, a subpoena issued by a California court is ineffective to compel a Nevada resident to respond. However, if the Nevada company has offices in California, the answer could change. But absent any other pertinent facts, the California litigant who seeks the Nevada company's documents must go to Nevada and seek issuance of a subpoena from a Nevada court.

This answer presumes we are talking about a state court subpoena. In federal Court, the rules are different.

If you need advice specific to your situation, you should consult an attorney familiar with civil litigation. We are civil litigators with experience in both state and federal courts in California. If/when you need assistance, please email or call us.

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Answered on 11/21/05, 5:07 pm


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