Information For Out-Of-State Attorneys On The Procedure To Pursue Discovery Of A New Jersey Resident For Use In Out-Of-State Litigation
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FAQ
The answer is, maybe. The next shortest answer I can give is that, although a witness has no excuse to ignore a subpoena based simply on the fact that the case is pending outside the state where the witness lives, you do not need to automatically comply with the subpoena. Be proactive and analyze the subpoena.
Submit the out of state subpoena to the County Clerk; Engage a New York attorney, provide that attorney with the original or a true copy of the out of state subpoena so that the New York attorney may then issue and serve the subpoena.
Serving process across state lines can be tricky. Some states recognize the Uniform Interstate Deposition and Discovery Act, which makes the process easy. Others do not, and there are more steps that must be taken before a subpoena or other legal document can be served upon its recipient.
Under the current federal rule, you can issue a subpoena from the district court in which your action is pending and serve it anywhere in the United States; however, there are geographic limitations on where you can require the discovery to take place, and you will have to go to the district court with jurisdiction
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
"A subpoena issued by a state court is valid only within its geographic boundaries. Consequently, a subpoena issued in a state within which an action is pending cannot be used or served in another state to compel a non2011party witness who resides or works in the foreign state to give testimony or produce records.
The following jurisdictions have adopted the UIDDA: Alabama, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania,
State Practice Generally speaking, a resident of one state is not required to appear for deposition in another state or to provide records in compliance with a records subpoena issued in another state. A litigant must request the assistance of a nonparty's state court to issue a subpoena from that jurisdiction.
Under the Fifth Amendment, you can refuse to testify to self-incriminating evidence.So, if you've been subpoenaed and do not want to testify, consult with a experienced criminal defense attorney to see if any of these privileges apply to you, or you could face jail time if you don't show up.