How to subpoena a out of state witness?

[Mark Johnson]

My dispute involves a local company bought out by a much larger company located in another state. My contract with the original company clearly states all disputes to be filed in Multnoma County in Oregon. The larger company is now located in Colorado.

I have talked at length to various employees at the larger company and their testimony would be very helpful (and relevent) to my case. Can I subpoena an out of state witness for small claim case? (somehow I dought it) but how can I include their testimony in my case? Also I'm sure the larger ISP will make every effort to prevent me from including their testimony.

 

[I AM ALWAYS LIABLE]

My dispute involves a local company bought out by a much larger company located in another state. My contract with the original company clearly states all disputes to be filed in Multnoma County in Oregon. The larger company is now located in Colorado.

I have talked at length to various employees at the larger company and their testimony would be very helpful (and relevent) to my case. Can I subpoena an out of state witness for small claim case? (somehow I dought it) but how can I include their testimony in my case? Also I'm sure the larger ISP will make every effort to prevent me from including their testimony.

My response:

Yes, you can.

You got lucky on this one. The employees are "party affiliated" witnesses. As such, there is no need to serve a deposition subpoena on party affiliated witness to compel the attendance, testimony, and document production by a person who, although not a named party, is either an officer, director, managing agent, or employee of a party.

Send a "Notice of Taking Deposition of Party Affiliated Witness" (naming the employees) to a deposition. You may have to pay for their plane fare, ground transportation, food and lodging, however.

IAAL