Doesnt the subpoena need to follow NH rules ?
If delievered in NH, NH law is required to be followed.
I read that payment for witness fee and mileage must be included with subpoena and NH states that subpoena be notarized .
Correct. if witness fees are not paid, the motion can be filed to be striken/quashed.
Do they not need to follow the laws of the state where the subpoena is served ?
Also the subpoena "Tecum" is described as one where evidence needs to be submitted . There is another type of subpoena that is described as a witness subpoena (I forget what the name if that was when I looked it up. They have not asked for any specific evidence And the opposing attorney said they were being called as a witness. If the subpoena served is not correct to the purpose , is that reason to quash ?
subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment.
subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
If one is being asked to simply come testify but the duces tecum subpoena is used, then perhaps this may be enough to quash, yes. However, again, in all these cases, the subpoena may simply be corrected and reserved on court house steps.
Many times, challenging the subpoena on lack of a nuance is a waste of time because of that.
It seems based on the NH law that I read they have not followed it (witness fee and mileage payment , signature , notary, type of subpoena ) . Yesterday I faxed an affidavit from my son to the opposing attorney (based on just answer suggestion ) . It covers testimony that he would say if he went to court and asking that they accept his testimony affidavit in lieu of presence at court. I have not received a response . It would be an academic , athletic and financial burden for my son to lose class time , football time (important game ) and the cost to drive that distance as well. No fees have been offered for witness or mileage . The impact for him to miss school and football at this time is tremendous as it's a very demanding time of the year with internship and college programs that can't be rescheduled . I would like to see if there is a way to quash or somehow remove the witness's subpoena .
Missing extracurricular and sporting activities is not reason enough to challenge a subpoena.
Everything he put in his affidavit is what he would attest to if required to travel there. I believe they are using stall tactics and harassing us in hopes that we give up on going the long distance to get there. First they sent subpoenas to the Wrong address (a week ago ) requiring us to reschedule the court date after having wasted the day there waiting . Now they sent two of the same subpoenas instead if two seperate for my son and husband and apparently the subpoenas were not done according to nh subpoena guidelines . Can't i put something together to prevent the burden on my son to appear ? I thought the affidavit would be one option and notion to quash would be the other . The rescheduled court date is tomorrow (Friday oct 9) Thank you
If the date is Friday, then there is arguably not enough time to even file to quash or strike. If one wants to however, one should bring this to the Court tomorrow and the Judge may either (1) hear it then and there, (2) reschedule the challenge for another day, or (3) deny it.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.