Legal Question in DUI Law in New Mexico

subpoenas

If I am subpoenaed as a hostile witness(in a DUI case) to a state I am not a resident to, does the state have to pay my travel?


Asked on 8/20/08, 12:32 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: subpoenas

If you are talking about being subpoenaed from MT to NM, or vice versa, you do not have to obey the subpoena. Subpoena powers do not extend beyond the state's borders. If you chose to go, better get travel and expense money in advance, because they don't have to pay you if you voluntarily show up in response to an invalid subpoena. They do this relying upon your ignorance that their subpoena is unenforceable.

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Answered on 8/20/08, 10:45 am


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