Out of state Subpoena

abjj610 · May 23, 2009

What is the name of your state (only U.S. law)? NC

I live in North Carolina. My sister and brother in law are in the begining stages of what is going to be a very messy divorce in New York. I was told that my brother in law wants to subpoena me. Can I be forced to fly all the way to NY? If so, would this be at my own expense? I am also under the belief that he has recorded phone calls between him and me. Can these be used against my sister in a court of law?What is the name of your state (only U.S. law)?

Ohiogal · May 23, 2009

abjj610 said:
What is the name of your state (only U.S. law)? NC

I live in North Carolina. My sister and brother in law are in the begining stages of what is going to be a very messy divorce in New York. I was told that my brother in law wants to subpoena me. Can I be forced to fly all the way to NY? If so, would this be at my own expense? I am also under the belief that he has recorded phone calls between him and me. Can these be used against my sister in a court of law?What is the name of your state (only U.S. law)?

Yes it is possible you could be forced to fly all the way to NY. He may be able to use the phone calls. It depends. And he might have to pay for your trip.

JETX · May 23, 2009

abjj610 said:
Can I be forced to fly all the way to NY?

Forced?? No. The subpoena from a New York court does not apply to you in another state.

If so, would this be at my own expense?

You can negotiate your appearance in New York if you choose.

I am also under the belief that he has recorded phone calls between him and me. Can these be used against my sister in a court of law?

Yes. Both states (NC and NY) are one-party states which simply means that only one party to the conversation has to agree to recording. The 'general rule' for interstate calls is to use the more strict state. Since neither is a two-party state, the one-party rule applies and the recordings can be used.

North Carolina:
Without the consent of at least one party to the communication, it is a felony to willfully intercept, endeavor to intercept, or get any other person to intercept any wire, oral, or electronic communication or to use any device, which transmits by radio, wire, or cable, to do so. N.C. Gen. Stat. § 15A-287(a)(1).

New York:
Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05.

Out of state Subpoena

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abjj610

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JETX

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