An accident witness may live close by. Other times, they may have moved to a different state by the time your injury claim reaches a hearing.
If a witness has key details, having them close by can help when preparing your case.
According to the Texas Department of Transportation, there were 244,534 people injured from motor vehicle traffic crashes in the state of Texas in 2025. Although that number does not include people who were just witnesses, there are plenty of reasons why you may need a witness at your accident hearing.
Why Witness Travel Comes Up
As mentioned above, a witness can provide helpful information that relates to your injury claim. They may have seen a driver run a stop sign, or know that there was a puddle on the floor in a retail store.
Even if they weren’t injured or involved in your claim, they may have important information you can use to your advantage.
But witnesses don’t always stay in one place…
- They could be a traveler who left your area.
- Maybe they no longer work at the company you are suing and live far away.
- Perhaps they can’t take time off work to come to your hearing.
Consult a Dallas injury law firm, like freeseandgoss.com, before having someone travel to Dallas to testify to understand why a distant witness matters and what to ask before making arrangements.
This will help you determine if it’s worth taking the time to travel to them for a deposition or have them come to your hearing.
Decide Who Really Needs to Appear
Every witness has a different purpose. One may be able to provide eye witness testimony, another may be a doctor, and one may just know when a particular event occurred.
Ask yourself these questions before you decide if someone should travel:
- What do they know? Did they witness the incident or know about it after it happened?
- How can they help your case? Is their information helpful towards something that the other party is disputing?
- Do they live near you? Can they provide their testimony in person, virtually, or will you need to fly out to them?
Contact these individuals as soon as possible, especially if they do not live in Dallas, TX. Get their contact information and see if their address or work schedule will change anytime soon.
Avoid asking a witness to speculate or assume anything about what they remember. A witness who sticks to what they know and remember is much more useful than one who tries to fill in gaps.
Collect any pictures, texts, or other documents that the witness may have. Pass copies to the lawyer, and keep the original material intact unless instructed otherwise
Know the Rules Before Booking a Trip
- Traveling with a subpoena: A subpoena can force an individual to travel or show documents that may pertain to your case. Each situation varies and the rules on whether someone can be issued a subpoena may depend on the proceeding and the person’s location.
For Texas state civil cases, Rule 176 generally limits a subpoena from requiring a person to appear in a county more than 150 miles from where they live or were served. That doesn’t mean every person within 150 miles must travel, or that someone farther away can simply ignore legal papers.
- Depositions: Another option is to travel to your witness and take a deposition. Depositions are sworn, recorded question-and-answer sessions in which the witness is placed under oath. You can also do a deposition over the phone with advance written notice as long as it follows Texas Rule 199. You will still need to know where the deposition will be and how it will be recorded.
- Hearings & Trials: A witness who gives a virtual deposition may still need to travel to the hearing. Under Texas Rule 21d, in-person attendance is the default unless the notice says otherwise. However, courts may allow remote appearances with proper notice, subject to the rule’s limits.
If you have trouble getting your witness to travel, let your attorney know before scheduling a hearing or deposition. A lawyer can review the notice, the witness’s location, objections, and court orders. Ignoring a subpoena or making last-minute plans can create avoidable problems.
Work Out Travel Costs in Advance
Who pays for travel?
This will vary case by case. Some attorneys will want to work with your witness, but you should never assume that a witness will cover any airfare, hotel, meals or lost wages from work to come see you.
Witnesses are allowed $10 a day under the Texas Civil Practice & Remedies Code. This will include travel expenses, but a separate mileage reimbursement is not provided under this code.
Prepare for the Day of Testimony
Here are some details to provide your witness once their appearance is confirmed.
- Information: Let your witness know where they will be going, when to show up, and who to call if they need anything that day. Have your attorney provide any extra information that may be helpful to them.
- Traveling to your hearing: Make sure they have enough time to travel to the courthouse, or where the deposition is being held. Allow extra time if they are coming from out of town, and ask whether they need accommodations to help them get to your hearing.
- Virtual: Make sure your witness is aware of how they will be appearing and make sure their internet, camera, and audio are working correctly. Ask them to find a quiet space and discuss how documents will be displayed. Remind the witness that they will be placed under oath and the testimony must be recorded
Your witness should know that they are allowed to go over what they previously told you, but they should not try to memorize answers to your questions or change their story.
Let your witness know if any changes are made to your hearing or if they no longer need to come in. Providing them with this information can help them schedule time away from work or family.
Wrapping It Up
Always have a reason to travel to see your witness. By knowing what they know, you can decide if it’s worth traveling to them or having them come to Dallas, TX.
Having your witness come to you can benefit your case, but plan ahead so you don’t catch them off guard.
With clear rules and costs, the witness can focus on the one job that matters: giving an accurate account.
