Legal Question in Construction Law in California
sopeana outside my jurisdiction
i was served a civil sopeana from a lawyer to appear as a witness. the case is in San Mateo Superior Court which is outside my jurisdiction (orange county, CA). I'm I still required to appear.
2 Answers from Attorneys
Re: sopeana outside my jurisdiction
Yes. A deposition subpoena has a limited range but a trial witness subpoena is good state wide. You can ask for witness fees/expenses.
Re: sopeana outside my jurisdiction
It's not your "jurisdiction" that matters; it's your place of residence. If you resided in the State of California at the time you were served with a trial subpoena, you must appear. The court has statewide jurisdiction. See Code of Civil Procedure section 1989.
A subpoena to appear before any judge or commissioner of the court has the same effect and authority, even if it is not for trial attendance and testimony.
Since depositions are more "portable" than trials, there are distance and county limits on where a witness can be subpoenaed to appear for deposition.
You are entitled to fees for appearing and/or mileage as set by the Government Code. I don't know the current amounts, but they aren't a whole lot of money in today's cost terms.
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