Can an eyewitness in a murder trial (in the USA) be served a subpoena if that person is a citzen of and lives in another country? Any information on the topic would be greatly appreciated. Thanks!
2006-06-26 11:21:16 · 3 answers · asked by Riley O 1 in Politics & Government ➔ Government
It would depend upon the country you reside in extradition laws. Most countries will allow a witness to extradited as well as a criminal who has fled prosecution. You would have to check with your own government to be sure. Most time though if they can take your testimony thru deposition they will send an attorney to speak with about what you know, if it is determined for you to be present they usually encourage this to be done voluntary with them picking up the tab for your presence.
2006-06-26 13:42:38 · answer #1 · answered by barbara o 2 · 0⤊ 0⤋
No they cannot. A subpoena can only be issued by a court of personal jurisdiction. So, if you are a witness and you live in California and you witnessed a murder in New York and then went back to CA. The D.A. in New York would have to go to California and ask a court there to issue a subpoena to serve on the witness to get jurisdiction over the person.
It would be the same in a foreign country. Most states would assist in this. But I am not sure how many countries would.
2006-06-26 12:32:38 · answer #2 · answered by strangedaze23 3 · 0⤊ 0⤋
Yep....and they'll come looking for you too. Do your duty and go to court. It'll save you being dragged out of your house in the middle of the night and hustled back on a plane to here. Also...if you cooperate they give you a nice hotel room with lovely meals. Don't...and you'll be eating mac and cheese in the county lock up as you're held as a "hostile witness"
2006-06-26 11:25:46 · answer #3 · answered by Quasimodo 7 · 0⤊ 0⤋