Do you have to answer an out of state subpoena?

Answer 1

A person in one state cannot be subpoenaed by a subpoena from another state, because the out of state court has no authority in the state in which the witness resides. A state court's subpoena power is limited to its own geographical boundaries and extends no further. One state has no authority to send its law enforcement officers into another state to enforce the out of state subpoena, nor does one state court have the authority to order the law enforcement officers of another state to enforce it.

In civil matters, at times, a request may be made in the state of residence for the issuance of a subpoena to compel the witness to appear at a location in the state of residence for a deposition to be used at trial. Many states have adopted the Uniform Interstate Depositions & Discovery Act for out of state civil subpoena methods.

In criminal matters, there is a procedure under the Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings Many but not all states have adopted this uniform law and cooperate when it comes to criminal matters.

Answer 2

If they knew who to address it to and where to send it, it would probably be a good idea. It may depend on the type of case and WHO is was that subpoena'd you (i.e.: Criminallly: Prosecution or Defense / Civily: Plaintiff or Respondant). If you don't respond AND the case is important enough - the judge could issue a bench warrant for your arrest to enforce an "appear forthwith" order.

ANSWER:

No, you do not have to answer an out of state subpoena. The reason is the court out of which the subpoena issued has no jurisdiction over persons not within its territorial borders. A state court subpoena served on a person outside that state is of no effect and cannot be enforced. The "importance" of the case is irrelevant. All that matters is jurisdiction over the person who gets subpoenaed.

As an example this is the rule governing procedure in the courts in New Jersey:

1:9-4. Place of Service

A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.

Note that it does not state that a New Jersey subpoena may be served in some other state. Most times the party or attorney in one state who desire to subpoena a person in another state, apply to that other state's court for issuance of a subpoena to the person. That subpoena is effective because that court has jurisdiction over the proposed witness.

In addition, a court of one state has no authority to order law enforcement officers to arrest residents in other states.