What is the name of your state? Florida
A few months ago my husband was arrested for domestic violence against me. This happened in Colorado. I now live in Florida. My question is, can the court in Colorado subpoena me as a witness since I now live out of the state? If so, do I need to respond or show up?
Don't despair and pack your bags as you have received some misleading advice. The truth is that you CANNOT be effectively subpoenaed in Florida to attend a proceeding pending in a Colorado state court! *
However, it is conceivable that where circumstances warrant a
Florida court could order you to attend and testify as a witness in a
criminal proceeding pending in a Colorado state court. (See: Interstate Extradition of Witnesses in a criminal proceeding Title XLVII Chapter 942 Florida Statutes.)
But that is an arduous and time-consuming undertaking. Essentially it requires, reciprocity between the two states, a certification under seal of a Colorado court commanding your presence in Colorado to testify in a
criminal case. And after being summoned by a Florida court to appear before a Florida court and following a hearing before the Florida Court (in which you'd be entitled to be represented by an attorney) the Florida court finds, among other things, that compelling your attendance in Colorado
would NOT result in undue hardship to you.
Moreover, Colorado would need to pay in advance statutory travel expenses and per diem. (See:
Section 942.02 (4) Fla. Stat.)
In a highly publicized felony criminal prosecution where your testimony is critical - perhaps. But for Colorado to go through the legal rigmarole in the Florida court, to pay your transportation costs to and from Colorado, plus the per diem JUST to testify in a run-of-the-mill two hour DV hearing - assuming that such is within the definition of a criminal case . . . I hardly think so!
________________________________
[*] The principle limiting a state courts' sovereign subpoena power to within its borders seems so embedded and intrinsic to our system as not to require citation of authority. But for those need convincing . . . (Emphasis mine)
" . . . it is not within the power of the Georgia courts to compel the attendance of witnesses who are beyond the limits of the state . . ." United States Supreme Court in Minder vs. State of Georgia 183 U. S. 559, 22 S. Ct. 224, 46. L. Ed. 328 (1902)
And this from the Colorado Supreme Court IN RE: the PEOPLE of the State of Colorado, Plaintiff, v. Diomedes ARELLANO-AVILA, Defendant. No. 01SA1. Decided: March 26, 2001:
"Because jurisdiction is so bound up with sovereignty and jurisdictional limitations are so fundamental to American jurisprudence, a number of federal and state courts have determined that a court cannot order the deposition or compel the testimony of persons residing outside its jurisdictional boundaries. Citing: opeka & Santa Fe R.R. Co. v. Maggard, 6 Colo.App. 85, 88-89, 39 P. 985, 986 (1895); Minder v. Georgia, 183 U.S. 559, 561-62, 22 S.Ct. 224, 225, 46 L.Ed. 328, 330 (1902); Walker v. Coiner, 474 F.2d 887, 889 (4th Cir.1973); People v. Cavanaugh, 69 Cal.2d 262, 70 Cal.Rptr. 438, 444 P.2d 110, 112 (1968); Wilkerson v. State, 139 Ga.App. 725, 229 S.E.2d 529, 530-31 (1976); Kardy v. Shook, 237 Md. 524, 207 A.2d 83, 91 (1965).
The inability of a state court to compel a witness to attend a trial due to jurisdictional limitations (paraphrased) does not violate due process or equal protection. See Minder, 183 U.S. at 562, 22 S.Ct. at 225, 46 L.Ed. at 330; Cavanaugh, 70 Cal.Rptr. 438, 444 P.2d at 112 & n. 3; Wilkerson, 229 S.E.2d at 530; Kardy, 207 A.2d at 93."