How much advance do you need to provide a witness?

Question

I am a witness to an accident that occured in a nearby state. I'm concerned that I may be called to testify without much advance notice.

How much notice do I need to be given? Please keep in mind that I live in another state than the location of the trial.

Answer 1

They usually give you at least 30 days and may need to pay for you to get there. It's more likely that you may be called to appear at a local attorney's office where you are questioned under oath and the testimony is transcribed and presented to the court. Unless there was a death it's probably not even going to go to court..will be settled out of court between the parties so you may never get called ... don't fret about this .. go on with your life and tackle this if and when it comes up..

Answer 2

That's difficult to answer. You are talking about being subpoenaed as a witness. Usually, the attorney for what ever side your statement benefits would have contacted you in advance to tell you that it is possible that you will need to come. If they don't have to expend the money to bring your there, they will not. They will only need your actual testimony it things aren't going their way. An attorney would be doing his client a huge disservice if he thought someone would be able to drop everything on a moment's notice. The attorney would risk bringing an angry witness, who may end up not helping at all.

Answer 3

If you haven't been subpoenaed, you have nothing to worry about. If you have been, the subpoena (which is issued under the law of the state where the trial is taking place) gives you lots of information about the section of law under which it was issued. That section of law will probably have the notice requirement.

Most prosecutors, and almost all civil attorneys, are well aware of the hardship imposed upon third party witnesses, and do everything they can to prevent scheduling problems.