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Long Distance Witness

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Starfuel1

Junior Member
Hello.
My court date is in late March, in Sacramento, California. My son, who is my only witness, will have to travel to California, from Minnesota, so that he can testify, in my behalf. Can the cost of the trip, be charged as an expense, and added to the claim? OR Are there any alternative's to "being in court live" that are acceptable to the court, and carry about the same weight, as being in court. Any help would be greatly appreciated.

Thank you.
Fair Oaks, Ca
 


dcatz

Senior Member
You're posting on a Small Claims forum. I'm going to assume that it's a Small Claims case. And it's your witness.

The answer is no to both questions. The voluntary witness travel expense is not a recoverable cost, and I can think of no alternative. A signed and sworn Declaration will be rejected, because the witness is not there to be cross-examined.
 

Starfuel1

Junior Member
I apologize to you sir. That was a rookie move. It was my first post, as I'm sure, the "not another idoit" program, might have crossed your mind. I stand corrected.
Your perception was correct. Small claims court, my witness, and no magic bullet. We were thinking that maybe, a sworn deposition, at a attorney's office, with a court recorder present, but now, that sounds pretty darn close, to a round trip ticket, when all is said and done.
Thank you, for your protocol lession, and for answering my question.
 

badapple40

Senior Member
Why don't you have the clerk subpoena your son. Witness fees may be recoverable (they are in federal court and in the state courts I practice in) and include a mileage allowance.

And the fees end up being paid by the loser.
 

dcatz

Senior Member
Badapple40's suggestion has merit and I considered it as well, but there is a problem. There is a distance limit on the reach of the subpoena and your son is far, far beyond it.

If the same thing were done by the other side, your son could object outright or only agree if he received his travel expenses in advance.

I'm not that sure that a Small Claims court, noting that your own son appeared to testify in your support, would find it appropriate to award you the expenses needed to "compel his appearance". You can try, but I wouldn't rely on it and, if you do, I hope the testimony is seen to be essential and not merely helpful.
 

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