If the attorneys know about this non party who has relevant information that can help their case, but is resides in Florida and not New York, can they subpeona the Florida Resident? If yes, then how do they give their testimony from another state, do they have to come to New York to testify in court?
2007-01-30 01:47:33 · 3 answers · asked by locknkey 3 in Politics & Government ➔ Law & Ethics
New York's subpoena is good in Florida (assuming they can find and serve the person) under the "Full Faith and Credit" clause of the Constitution and rulings/rules that explain and clarify the clause. They can force the person to come to N.Y., take the person's testimony by phone or set up a video conference in Florida for the N.Y hearing. Video conferencing is available at any court reporter's office if the Court itself doesn't have it available. My Courts' are pretty high-tech and we can do it in the courtroom. The phone testimony does not work if the witness has to review and testify about documents. The phone testimony works fine if it's just questions and answers.
2007-01-30 02:00:40 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Yes, a witness can be subpoenaed and compelled to testify. He will have to come to New York to testify.
However, if the circumstances surrounding the lawsuit and the relevant witnesses are in Florida, then the lawsuit should be tried in Florida, not New York.
2007-01-30 01:56:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Maybe you should look into having the person sign an affidavit. That way they don't have to appear in person.
2007-01-30 01:51:47 · answer #3 · answered by leaptad 6 · 0⤊ 0⤋