In order to overcome the expenses of travel for an expert witness to another state, either a video or "paper" deposition for use at trial can be used to provide testimony. The reason an affidavit is not admissible in a trial to establish facts is because the affiant is not subject to cross examination by the adverse party. Deposition testimony is subject to cross examination and is"in the can" and is not subject to starts and stops or unexpected continuances by either side as trials can be. Nothing worse is to show up with witnesses out of state and learn that someone is "sick". Of course, there are more expenses in taking a deposition, video or otherwise, but once it is done, it is done. If the seller has conducted business in your state previously, he may be subject to your state's "long arm" statute allowing the suit to be brought on your home turf. Emphasis on "may". All of this is fact intensive and dependent on your state's laws. I'm sure (sorta) that your lawyer has looked into this possibility. There are ways under the Civil Practice Act applicable in most states to shift the burden of all costs and expenses to the loser but they depend on the laws of the state where the case is tried. Not all courts in the same states share the same procedural laws under the Civil Practice Act. The small claims court in my state doesn't.
