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Out of State Subpoena

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Donwill19

New member
I live in Indiana and I was served papers from Illinois to appear in court to testify as a character witness. I asked the prosecutor many times do I have to show up she was very adamant in saying that she had jurisdiction over me. So I went to court and it was rescheduled. Afterwards I found out that she in fact had no jurisdiction over me and I was irate for being lied to, among putting so many things aside to appear in court in Illinois. I've recieved 2 other Illinois subpoenas since then and ignored them but now they got Indiana in it...Is there something I can do?
 


Donwill19

New member
I mean is that legal for a lawyer to tell me she has jurisdiction over me to trick me to drop everything to appear in court in another state? Especially after asking her multiple times does the subpoena hold up in the state I'm in.
 

Taxing Matters

Overtaxed Member
Is there something I can do?
Take the subpoenas you received to a local criminal law attorney to see if you have any grounds to oppose the subpoenas. I haven't seen them nor know how they were served, etc., to know where you currently stand. If there is now a properly served subpoena by a court in your state you'll probably have no choice but to appear as required, but you should see an attorney to find out for sure.
 

Just Blue

Senior Member
I live in Indiana and I was served papers from Illinois to appear in court to testify as a character witness. I asked the prosecutor many times do I have to show up she was very adamant in saying that she had jurisdiction over me. So I went to court and it was rescheduled. Afterwards I found out that she in fact had no jurisdiction over me and I was irate for being lied to, among putting so many things aside to appear in court in Illinois. I've recieved 2 other Illinois subpoenas since then and ignored them but now they got Indiana in it...Is there something I can do?
A subpoena is a COURT ORDER, not a suggestion. I suggest you follow the court order before you get slapped with a contempt charge and jailed/fined or both.
 

quincy

Senior Member
I live in Indiana and I was served papers from Illinois to appear in court to testify as a character witness. I asked the prosecutor many times do I have to show up she was very adamant in saying that she had jurisdiction over me. So I went to court and it was rescheduled. Afterwards I found out that she in fact had no jurisdiction over me and I was irate for being lied to, among putting so many things aside to appear in court in Illinois. I've recieved 2 other Illinois subpoenas since then and ignored them but now they got Indiana in it...Is there something I can do?
Is there something you can do? Yes. You can appear in court to testify as ordered.

Your value as a character witness is apt to diminish with each demand for your appearance that inconveniences you, however.

You should be requesting of the prosecutor both travel expenses and an appearance fee.

Usually it will be the defense that wants character witnesses.
 

Taxing Matters

Overtaxed Member
A subpoena is a COURT ORDER, not a suggestion. I suggest you follow the court order before you get slapped with a contempt charge and jailed/fined or both.
For the court to impose contempt or other sanctions the subpoena must be valid and must have been properly served. We don't have the facts here to know if everything was done properly. And it does matter.
 

quincy

Senior Member
A personal review by an Indiana attorney of the subpoena(s) received is a good first step.

What is your connection to Illinois, Donwill? Why do you think your testimony is important to the prosecutor?

The Uniform Interstate Depositions and Discovery Act, recognized by both Illinois and Indiana, simplifies the subpoena process between states. Whether you have to appear in an Illinois court to testify or whether you can remain in Indiana to testify will depend on the particular facts and circumstances.
 
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LdiJ

Senior Member
A personal review by an Indiana attorney of the subpoena(s) received is a good first step.

What is your connection to Illinois, Donwill? Why do you think your testimony is important to the prosecutor?

The Uniform Interstate Depositions and Discovery Act, recognized by both Illinois and Indiana, simplifies the subpoena process between states. Whether you have to appear in an Illinois court to testify or whether you can remain in Indiana to testify will depend on the particular facts and circumstances.
That has to do with depositions and discovery. It has nothing to do with a subpeona to testify in court. Illinois courts have no jurisdiction over residents of another state. However, it does appear that the prosecutor has gotten Indiana involved in some way (which the OP was quite vague about) so it may be a moot point now.
 

quincy

Senior Member
That has to do with depositions and discovery. It has nothing to do with being subpeona'd to testify in court.
Yes it does. And Illinois courts can have jurisdiction over out of state residents.
 
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LdiJ

Senior Member
Provide a link, please. Thanks.
This time its up to you to prove that you are right. You are well aware that it is not possible to prove a negative, which is why I invited people to google it for themselves. You cannot prove that it has anything to do with testifying at trial.
 

quincy

Senior Member
This time its up to you to prove that you are right. You are well aware that it is not possible to prove a negative, which is why I invited people to google it for themselves. You cannot prove that it has anything to do with testifying at trial.
Haha. It is NEVER up to you, is it?
 

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