Originally Posted By: StillHereMakingIt
It's my understanding he does not HAVE to attend unless he receives a summons or subpeona. They may try to take a deposition where he lives, but he is not required unless he receives a subpeona for that.

How common is this requirement in a civil case?

If I were him I would call the team back, refuse to go, and tell them he would not make a good witness because he does not have good thoughts toward the pastor right now...that might be enough to get the lawyers out of his face.

Also, there is a jurisdiction issue as to how far the subpoena can reach. In Texas, it's 100 miles. If someone is outside of that range, they can't be subpoenaed or summoned.

The only way they could depose him where he lives is if he agrees or if they open a case in his jurisdiction solely for the purpose of getting a subpoena issued.

Last edited by princessmeggy; 03/13/09 03:40 PM. Reason: added depo info

Widowed 11/10/12 after 35 years of marriage
In a sense now, I am homeless. For the home, the place of refuge, solitude, love-where my husband lived-no longer exists. Joyce Carolyn Oates, A Widow's Story