QUESTION
Do I have to appear in court if I live over 400 miles away?
Asked on Nov 04th, 2013 on Divorce - Florida
More details to this question:
I received a subpoena to appear in court for a divorce case however, I no longer live in the county in which I was subpoenaed. The subpoena is requesting that I appear over 400 miles away. On top of that, it is during Thanksgiving week. The respondent's lawyer issued the subpoena and I received a check for only $47. This by no means will cover any travel costs considering I will have to spend two days (one day before, one after) travelling and two nights lodging since the case is an all day case. I've ready Rule 1.410 which states that I may not be required because I live over 100 miles if I'm not a direct party. Is this the case?
4 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have raised some valid issues. Stay in touch with the attorney's office that subpoenaed you and let them know about the various problems you have listed. The best thing to do is go see a local lawyer and get some solid advice. If you do not appear in court, they might try to get you held in contempt, but you do raise some very valid issues.
Answered on Nov 11th, 2013 at 9:25 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You should also review Sections 92.142(1) and 92.151, Florida Statutes. Witnesses in civil cases are entitled to a witness fee of $5.00 per day of actual attendance, plus $0.06 per mile of actual distance traveled to and from the court. Witness subpoenas issued in civil cases must be complied with, just like in criminal cases. As a practical matter, you should contact the attorney that issued the subpoena, or their client if you know them, and explain the financial hardship associated with your attendance. There are alternatives to your personal appearance that may serve their purpose nearly as well. This may include, but not be limited to taking your video deposition, regular deposition, obtaining leave of court (and consent of opposing counsel) for you to testify live via telephone, Skype, or video link, among others things.
Answered on Nov 11th, 2013 at 9:24 AM
John Arthur Smitten
You will have to appear unless the subpoena is quashed. Maybe call the attorney and the attorney can take your deposition to preserve your testimony where you reside.
Answered on Nov 11th, 2013 at 9:22 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You should contact the attorney who issued the subpoena and the Judge for direction.
Answered on Nov 11th, 2013 at 9:22 AM