In probate and trust disputes, a common challenge faced by those involved is ensuring that crucial witnesses testify. It is not uncommon to find situations where vital information resides with a witness who may be reluctant or unable to appear in court. Fortunately, Nevada statutes provide options to counter this problem.
Compelling a Witness to Testify in Nevada
If a witness possesses key information for a case, it’s crucial to ensure that their testimony is presented to the court. Consider the hypothetic of Joe. If Joe is in Nevada, where the case is taking place, the process is more straightforward. Probate attorneys can issue a subpoena – a legal command – requiring Joe to appear in court at a specific time and place to testify.
Ignoring a subpoena can lead to serious consequences for witnesses, including being held in contempt of court, facing jail time, or civil penalties. Most people comply with these legal orders.
Dealing with Out-of-State Witnesses
However, the situation becomes more challenging if Joe is located outside of Nevada. If Joe is in New York, he can’t legally be forced to travel to Nevada for testimony. But that doesn’t mean there is no hope.
In such cases, the process begins with a Nevada subpoena and then additional steps are taken to involve the courts in the witness’s state. In New York, a case would be opened and the New York courts would issue their own subpoena based on the language and concerns of the Nevada subpoena. This requires Joe to testify in New York at a designated time and place.
The Deposition Process
To capture Joe’s testimony, the deposition process is undertaken. This involves the witness being placed under oath and giving testimony in an environment akin to a courtroom, with a court reporter documenting every word. This testimony is as binding and valid as if it were given in a Nevada courtroom.
An attorney can either be present in New York for the deposition or participate remotely, depending on the agreement of the involved parties. This also happens locally, a witness does not need to be deposed in court, they can attend a deposition at an office and provide binding testimony.
Utilizing the Deposition in Nevada Court
Should Joe decide not to attend the trial in Nevada, there are still options. An attorney would request the court’s permission to use the deposition (either the video or the transcript) at the trial. This deposition is treated as if Joe were physically present in the court, providing his testimony.
The Importance of Legal Expertise
Securing witness testimonies can be a complex process, especially when they’re out of state. At Clear Counsel Law Group, we have a track record of successfully obtaining and using out-of-state testimonies in trials.
If you find yourself needing to secure a witness’s testimony for a probate or trust dispute, whether they’re in Nevada or elsewhere, we’re here to assist. We offer free consultations to review your case, understand the disputes, and plan how to best gather and preserve essential testimony.