What is the legal test for requiring a witness to attend trial at a different venue?
California, United States of America
The following excerpt is from Price v. Superior Court, 91 Cal.Rptr.2d 864 (Cal. App. 2000):
5. Although as a practical matter venue usually follows vicinage, the two concepts are distinct. (People v. Tamble (1992) 5 Cal.App.4th 815, 819-820.) Venue simply refers to the (proper) place of trial, while vicinage incorporates the principle that trial should be by a jury from the locality.
5. Although as a practical matter venue usually follows vicinage, the two concepts are distinct. (People v. Tamble (1992) 5 Cal.App.4th 815, 819-820.) Venue simply refers to the (proper) place of trial, while vicinage incorporates the principle that trial should be by a jury from the locality.
6. A witness may not be compelled to attend trial more than 150 miles from the place of his residence unless the subpoena has been endorsed by a judge. However, endorsement is virtually mandatory if the attorney or other officer seeking the subpoena files an affidavit stating that the witness's testimony will be material. (See Lucas v. Superior Court (1988) 203 Cal.App.3d 733, 741.)
6. A witness may not be compelled to attend trial more than 150 miles from the place of his residence unless the subpoena has been endorsed by a judge. However, endorsement is virtually mandatory if the attorney or other officer seeking the subpoena files an affidavit stating that the witness's testimony will be material. (See Lucas v. Superior Court (1988) 203 Cal.App.3d 733, 741.)
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