Legal Question in Business Law in Utah

Small Claims Court, expenses to appear.

I am suing an out of state defendant (a company)in a small claims court proceeding. I want to force three people who have first hand knowledge to appear in front of the judge. Who has to pay the travel expenses for the two individuals from out of state? This company has an office in Utah, and my business was in Utah, and the claim arose in Utah, but two people who have first hand information are from the companies' home office in California. Do I have any obligation to pay their travel expenses if I sub-poena them to appear in court in Utah? Thank You for your advise, and congratulations on a terrific website and a wonderful service.


Asked on 1/04/02, 1:39 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Small Claims Court, expenses to appear.

You cannot force an out of state witness to appear in Utah. If you issue them a subpoena and pay their expenses and perhaps even their time, you may be able to recover these costs if you win. You will have to ask the court for these costs. Your other alternative is to take their depositions (sworn answers to oral questions in front of a court reporter, with notice to the defendant) and ask the court to accept the deposition in lieu of their appearance. You might try to get a sworn and notarized statement from them. This is less effective that a deposition, but a small claims judge may decide to accept it.

You realize that employees generally do not want to jeopardize their employment by participating in a suit against their employer. They may not be willing to cooperate.

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Answered on 1/04/02, 1:55 pm


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