Out of state subpoena by: Suncoast Legal Solutions
Some states require that a lawsuit has to actually be filed in the court where the witness resides. This can be very costly. It would probably be worth the effort to contact the clerk in the foreign jurisdiction, not just to obtain the form that they would accept, but to confirm any and all procedures required for the subpoena to be properly served upon the out-of-state witness.
pro se subpoena for out of state witness by: James
first you need to determine if the state in which the witness lives has rules that prohibit foreign jurisdictions.
if that is clear, then you go to the court clerk with your subpoena CORRECTLY filled out and have it recorded. Then, you hire a process server nearby where the witness lives and hire them to serve the papers.
don't expect a miracle...the witness can elect to ignore the subpoena and you will be stuck begging the local judge to issue a body attachment...which they rarely do....be prepared to hire an attorney in the jurisdiction of your witness to at best get a trial deposition which could be shown at your trial as testimony.
sucks to be you...but don't fear...I've been there and done that!
Procedure for Subpoenas by: Mike Legal Eagle Nonlawyers
Hi, depends upon what state your filing it in and where it is going. Generally, in Florida, refer to Civil Rule: 1.410 Subpoena
(a) Subpoena Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.