Thursday, October 6, 2011

Subpoena Power Over Witnesses Who Live Outside of Nevada

Extra procedural steps must be taken to secure the presence of witnesses who reside outside of the state of Nevada.  Nevada courts only have jurisdiction, or power, to control people who are within Nevada's borders.  In order to command people from other states to appear in a Nevada court as a witness, a Nevada court can issue a certificate to the court in the county where the witness resides.  The law is called the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings which the vast majority of states in the U.S. have adopted into their own state laws. 
In Nevada for witnesses who are located out of state, it reads: 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such a court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure the witness's attendance in this State. This certificate must be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this State the witness is entitled to receive the amount required by NRS 50.225 for subsistence and travel expenses. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.  NRS 174.425
The prosecutor must take these steps to obtain power to order the witness to appear in a Nevada court.  This power really comes from the court of the sister state who Nevada is requesting to appear as the Nevada court cannot control what happens to people in other states.  Although their are unifrom acts which allow for standardized rules between the states, it is ultimately up to the other state to get the witness from within its borders.
For a more in-depth discussion of this area of law, or others that deal with subpoenas and witnesses, please contact me through georgeforjustice.com
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.