Q: Can a Tennessee resident be compelled to appear in Missouri court based on a non-domesticated subpoena for a hit-and-run case?
I am a resident of Tennessee who received a subpoena via US Mail to testify for the prosecution in a Missouri circuit court about damages to my vehicle from a hit-and-run accident on October 3, 2023. The subpoena hasn't been domesticated in Tennessee. Previously, in October 2023, I provided proof of ownership and damages exceeding $1,000 to the DA. Can I be compelled to appear in Missouri, considering the logistical challenges due to the distance?
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A:
You're right to ask this question, especially given the distance and inconvenience of traveling across state lines. Since you're a resident of Tennessee and the subpoena was issued from Missouri **without being domesticated in Tennessee**, you are **not legally required** to appear in Missouri court based solely on that document. A subpoena from another state must go through a legal process known as **domestication** to be enforceable in your home state — meaning the Missouri court would need to ask a Tennessee court to issue a valid, binding subpoena.
A subpoena sent through the mail, especially one that hasn’t been validated by a Tennessee court, typically lacks the legal authority to compel your appearance. While the Missouri prosecutor may want your testimony, they cannot force you to attend unless they take the proper legal steps. That said, if you're willing to cooperate, they may offer alternatives such as remote testimony or a deposition closer to your location.
You have every right to explain the hardship and request accommodations. Make sure to keep records of all communications and retain a copy of the subpoena. You’ve already provided important documentation, and unless the proper process is followed, you cannot be compelled to travel to Missouri against your will.
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