Abuse of Process, To Whom Do I File The Notice In Court?

Question

I was served with some papers, an important document; Notice of Deposition, was not filed with the court- although it was served jupon me with the deceptive appearance that it was also filed, along with other documents. To whom do I address the ABUSE OF PROCESS? With the Judge or with the Administrative Judge of the Court or another entity of the court. What is usually the outcome? Can I file a motion for summary default or something?

Answer 1

1) A Notice of Deposition is not an abuse of process in most cases. Is there a lawsuit going on? If so, the opposing party is entitled to depose you.
a) The Notice of Deposition should have the caption of the case. This will have the name of the court, and the names of the parties involved in the case. If you are one of the parties involved, then it is most assuredly not an abuse of process.
b) There are also what are called Records Depositions. In a records deposition, the Court Reporter (who is also a notary public) orders you to appear before them, (at the request from a party in a lawsuit) and to produce certain records.

To fight this.. you must file a Motion to Quash the Deposition. You would do this in the court where the action is taking place. Again, look at the papers. You should also probably consult an attorney. They can tell you what the papers mean for certain, if there is an abuse, and if you have grounds to fight the deposition if you don't want to sit for it.

If you don't have an attorney and don't know one, contact your local or state bar association for a referral

Answer 2

You have received part of the answer above. I would wonder why are you so upset about a deposition? Did you witness an event? Are you a party to the action? You could have been served an unfiled copy of the notice; however to "force" you to appear you would have to be served a "subpoena". If it wasn't a subpoena, and you aren't a party (the person suing, or the person or entity being sued), you don't have to show up.

What are the other documents you are talking about? Complaint; Summons? If those are there then you are a named party, call an attorney first thing on Monday. If you don't have the money, call Legal Aid.

Answer 3

In most states, discovery such as a Notice of Deposition is typically NOT filed with the court unless it is going to be used as an exhibit at trial or in a motion. Going based on the facts as you presented them, there has been no abuse of process.

Answer 4

You need to hire an attorney to make sure you file the necessary paper work. Doing this on your own without the knowledge of the law could have it dismissed.