Legal Question in Criminal Law in Colorado

Re: motion to quash a subpoena

Often an out of state subpoena served in Pennsylvania via mail is unenforceable. PA has procedures through which residents must be subpoenaed for out of state trials. If the procedures were not followed then the subpoena from Colorado has not effect. PA requires this to protect their citizens from these types of subpoenas.

However, if the subpoena is enforceable, meaning they followed PA's procedures to issue it, then a motion to quash can be filed locally in front of the judge that permitted service or as Attorney Fenaughty stated, write a letter to the judge in Colorado to see if you can obtain a viable remedy.

Good luck.

Re: motion to quash a subpoena

2 remedies:

(a)give you money. the party that is requesting your appearance can fund your travel. (b) motion to quash. You file the motion in that same division as you are subpoenaed into. is the matter civil or criminal? felony or misdomeanor? are you being subpoenaed by the state, the defendant, the plaintif? You can always write a letter to the judge saying why this would be a hardship. Judges will try to listen and understand a witness that has no lawyer.