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How can I fight a subpoena to appear in court in Jacksonsville, FL as I reside in NYC and this will cause me hardship.

New York, NY |
Filed under: Litigation

I am being served a subpoena to appear in court for the fedral government in Florida but I now reside in NYC. I cannot take time away from my new job. Any advise greatly appreciated.

I am currently in NYC.

Attorney Answers 3

Posted

If you were issued a federal subpeona, pursuant to Federal Rule of Civil Procedure 45(c) (3) (B) (iii), the court may, upon proper showing of need by the requesting party, require a person to travel more than 100 miles to attend trial.

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Posted

You can't properly be subpoenaed by a Florida court in NY. Whether it's from a Florida state court, or a federal court sitting in Florida, their jurisdiction doesn't extend to New York. However, you write that you "now" reside in NYC. Did you reside in FL when you were subpoenaed? If you did, that changes everything. Then you may have to comply with the subpoena, because you may have been within the territorial jurisdiction of the court.

It's complicated - federal courts in a state are divided into districts, and they can issue subpoenae within their physical limits and 90 miles outside. I don't know how Florida computes it.

So if you were residing in or physically in Florida when you got the subpoena, you may have to comply. You'll have to ask a Florida litigation attorney for the answer.

DISCLAIMER - THIS IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. THIS IS FOR GENERAL INFORMATION PURPOSES ONLY.

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Posted

There are a few unanswered questions here, which would change a response to your general inquiry. First, what is the subpoena for? If it is for your deposition testimony, you should be able to arrange for a telephone or video deposition. I am assuming that it is a federal case, which the Federal Rules of Procedure govern. There is also a difference between civil and criminal matters. You really should contact an attorney, as there could be a contempt issue. You may contact the attorney or court which issued the subpoena to negotiate the matter.

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