Q: I have subpoenaed an individual who was employed by the state, but now is employed by a county in the state. The person
works in one city, but resides in the city where the case is to be held. The person states they will not show up because they are no longer employed by the state and must be compensated with lodging, mileage, and lost wages in order to show. I am acting Pro Se. Am I required to compensate this individual, what happens if they fail to show, and how would that effect my case?
A: In order for a witness to be made to appear under subpoena, you must follow the law in paying a witness fee and mileage and other conditions set forth in the statutes. So you are required to compensate witnesses you subpoena. Depending on how critical their testimony is to your case will be the deciding factor as the what affect their not appearing to testify would have upon the final judgment.
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