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Out Of State Witness Subpoena to Texas Resident

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intheshadow

Junior Member
What is the name of your state? TEXAS

I live in Harris county Texas. I have received a witness subpoena from California Court to appear in California for a jury Trial. The case is in an Butte county court in California.

I have been trying both here and elsewhere on the internet to find a clear answer as to whether I have to appear.

I found this on the internet under California codes, would this apply to me since the distance is more than 150 miles from my place of residence to the place of trial?

1330. No person is obliged to attend as a witness before a court or
magistrate out of the county where the witness resides, or is served
with the subpoena, unless the distance be less than 150 miles from
his or her place of residence to the place of trial, or unless the
judge of the court in which the offense is triable, or a justice of
the Supreme Court, or a judge of a superior court, or, in the case of
a minor concerning whom a petition has been filed pursuant to
Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, by the judge of the
juvenile court hearing the petition, upon an affidavit of the
district attorney or prosecutor, or of the defendant, or his or her
counsel, or in the case involving a minor in whose behalf a petition
has been filed in the juvenile court, of the probation officer
approving the filing of the petition or of any party to the action,
or his or her counsel, stating that he or she believes the evidence
of the witness is material, and his or her attendance at the
examination, trial, or hearing is material and necessary, shall
endorse on the subpoena an order for the attendance of the witness.
When a subpoena duces tecum is duly issued according to any other
provision of law and is served upon a custodian of records or other
qualified witness as provided in Article 4 (commencing with Section
1560) of Chapter 2 of Division 11 of the Evidence Code, and his or
her personal attendance is not required by the terms of the subpoena,
the limitations of this section shall not apply.

I would appreciate your input.

Thanks in advance.
 



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