Ask Judge Mathis – March 28, 2013

It depends on what type of lawsuit you are talking about. In criminal cases, under the “Uniform Act to Secure the Attendance of Witnesses From Without a State,” a judge may sign a certificate telling a judge in another state that the witness is a material and necessary witness. The judge in the state receiving the certificate will order the witness to attend the hearing in the requesting state unless the witness can show that it would be too much of a hardship to travel to the requesting state. The party requesting the witness to testify will be responsible for witness fees. If a person flees a jurisdiction to avoid testifying, the party requesting the testimony of the witness must still go to the judge where the witness is residing to request an order compelling the witness to appear. If the witness has been served with the subpoena before fleeing the state where he is requested to testify, the witness may be held in contempt of court for his failure to abide by the subpoena. In a civil case, the attorneys in the lawsuit can take your deposition in the state where you reside. The transcripts of your deposition can be used as evidence during the trial and your appearance becomes unnecessary. Civil courts have no authority to make people travel from one state to another to attend a civil trial.