I am being subpoenaed out of state for the prosecutors side for a case against my spouse. Does the prosecution have to pay witness fees for my to travel there and back?
Answer
You should check the laws of the state where the subpoena was issued. In Texas, a subpoena isn't good past a distance of 150 miles. In other words, you can't be compelled to travel 800 miles to come to a court hearing.
Answer
Actually, you can be subpoenaed to come to Texas even from another state. However, the prosecutors would have to file a special application and get a court order (as I recall) and make arrangements for your expenses. These expenses would not be paid until after the case finished and you submitted all your proof of expenses.
If you just receive a "regular" subpoena in the mail from a Texas prosecutor, then it is not legitimate.
If you are being subpoenaed from another state, then their rules would apply.
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