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couchkitten · Jan 19, 2011, 03:55 AM

I am being summoned to a case in another state to be a witness for a defendant in a criminal trial. He is looking at 30 years in prison for the charges. How ever I am the only one that he has as a witness besides his two younger boys, ages 12 and 9. I really need to get there to testify for him but I hardly have the money to make it through the month where I live. How am I going to get there and cover my expenses while I am there? I was just back there in September and it cost me almost a hundred dollars a day to be there. I live 1650 miles away so driving there just isn't a option either, with the cost of gas it's much cheaper to fly these days any way. I just don't know, what to do? What will happen to me if I'm not able to get there. I know what will happen to him and it's just not right because he's not guilty but I need to get there to testily. Please I need some advice here.

couchkitten · Jan 19, 2011, 04:11 AM

What will happen if I don't show up to a court case that I have been summoned to in Idaho when I live in Missouri now? It is a criminal case but I am only a witness. I do want to go but I don't know how to get there and I really can't afford to be gone. I've been told that the court isn't going to pay for any of it either. What I need to know is what will happen to me if I'm not able to make it there?

ScottGem · Jan 19, 2011, 04:37 AM

If you have been served a legal subpoena then you must appear or be cited for contempt of court. You can request that you be deposed locally.

excon · Jan 19, 2011, 05:56 AM

Hello c:

No, they won't pay... But, you need to get there...

excon

JudyKayTee · Jan 19, 2011, 09:28 AM

Were you served with a summons or subpoena? If it's a subpoena you should have received a check for (minimally) mileage WITH the papers.

JudyKayTee · Jan 19, 2011, 09:29 AM

Answered on the other thread.

AK lawyer · Jan 19, 2011, 09:39 AM

Originally Posted by JudyKayTee

Were you served with a summons or subpoena? If it's a subpoena you should have received a check for (minimally) mileage WITH the papers.

I don't know that an out-of-state subpoena is enforceable anyway.

Idaho Rules of Civil Procedure are as follows:

Rule 45(g). Subpoena for a hearing or trial.
At the request of any party subpoenas for attendance at a hearing or trial shall be issued as provided by Rule 45(a), and such subpoenas for a hearing or trial in a district court or magistrates division may be served at any place within the state. (Emphisis added.)

http://www.isc.idaho.gov/rules/ircp45.txt

The Uniform Foreign Depositions Act (I don't know if it would apply anyway), has been adopted in Idaho (where the criminal case is pending) but not in Missouri (where OP is now).

The defendant, if claiming indigency, may be able to obtain funds to assist you with your travel expenses. Alternatively, he might be able to get court approval for your deposition to be taken or to testify telephonically. Those options are problematic especially in a criminal case, but a strong argument can be made that due process requires that, if he is going to be prosecuted, some way has to be made to enable your testimony to be heard.

ScottGem · Jan 19, 2011, 04:55 PM

Threads merged.