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Old 02-19-2009, 01:47 PM
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Join Date: Feb 2009
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Subpoena without service over state lines ..LEGAL??


California
I was a witness to portions of a crime in Nevada, I called 911 and gave them the license plate of the car I thought was involved .I also mentioned that I wanted to keep anonymous and didn't want to get involved as I thought I was calling secret witness. THe D.A. called me a few weeks later and told me that they were subpoenaing me by phone and had a subpoena to come testify. I told them I didnt live in Nevada as I lived in California. The DA said they would not use there right to cross state lines and use the UNIFORM ACT. But they have since sent by mail a subpoena without notice of service, again with what I believe is intimidation to try and get me to voluntarily drive to NEVADA and give up the time and costs for their court cases.
The Nevada rules state " .. they must/.." take reasonable steps to avoid imposing undue burden or expense". Although I have told them of my health issues and expense burdens, I want to know if their actions to send phone subpoenas and unofficial mailings with threat of contempt makes them guilty of malpractice?..DO I need to go? I will when they do what is required by law , both in procedures and Pay/transportation etc.What is the name of your state (only U.S. law)?
  #2  
Old 02-19-2009, 02:44 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,766
Quote:
Originally Posted by timmerf View Post
California
I was a witness to portions of a crime in Nevada, I called 911 and gave them the license plate of the car I thought was involved .I also mentioned that I wanted to keep anonymous and didn't want to get involved as I thought I was calling secret witness. THe D.A. called me a few weeks later and told me that they were subpoenaing me by phone and had a subpoena to come testify. I told them I didnt live in Nevada as I lived in California. The DA said they would not use there right to cross state lines and use the UNIFORM ACT. But they have since sent by mail a subpoena without notice of service, again with what I believe is intimidation to try and get me to voluntarily drive to NEVADA and give up the time and costs for their court cases.
The Nevada rules state " .. they must/.." take reasonable steps to avoid imposing undue burden or expense". Although I have told them of my health issues and expense burdens, I want to know if their actions to send phone subpoenas and unofficial mailings with threat of contempt makes them guilty of malpractice?..DO I need to go? I will when they do what is required by law , both in procedures and Pay/transportation etc.What is the name of your state (only U.S. law)?
What makes you think they cannot mail a subpoena and properly serve that way?
How is this undue burden or expense? I do not see malpractice. And if you know what they need to do and want to take that risk, go for it. Don't be surprised though if it backfires.
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