Legal Question in Criminal Law in Texas
I am being subpoenaed out of state for the prosecutors side for a case against my spouse. Does the prosecution have to pay witness fees for my to travel there and back?
2 Answers from Attorneys
You should check the laws of the state where the subpoena was issued. In Texas, a subpoena isn't good past a distance of 150 miles. In other words, you can't be compelled to travel 800 miles to come to a court hearing.
Actually, you can be subpoenaed to come to Texas even from another state. However, the prosecutors would have to file a special application and get a court order (as I recall) and make arrangements for your expenses. These expenses would not be paid until after the case finished and you submitted all your proof of expenses.
If you just receive a "regular" subpoena in the mail from a Texas prosecutor, then it is not legitimate.
If you are being subpoenaed from another state, then their rules would apply.
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