Help my mother's attorney is trying to dig into my personal life over a case that is not even mine!!!!?

Question

My mother decided to open a case up for my brother (who is a minor) due to a ridiculous occurance at an apartment complex. You see one of their managers pulled a gun at my father and said he was going to kill him in front my younger brother.

My brother was traumatined severly and I was no where near the scene of this incident. Seven years later the opposing attorney decided to subphoea me to testify since my mother's lawyer is arguing that my brother suffered emotinal distress as a result of that incident. I WASn'T TECHNICALLY A DIRECT WITNESS TO THIS...THEREFORE WHAT RIGHT DOES THE OPPOSING ATTORNEY AND THE ATTORNEY REPRESENTING MY MOTHER have to subphena me and try to dig into my private life to a case that is not even mine.

I'm 21 years old and I have lots of info about me that I don't want becoming public. Please help.

I live in California. I'm a very busy professional working in mortgages and these attorneys try to subphoena me with 15 days notice...i end up looking bad when I can't keep appointments after they have been set. THIS IS ABUSE...isn't there anything I can do. These people don't have a right to my private life!!!!!!!!! And the reason I don't want to get involved with this lawsuit is to due to the fact that I'm not in talking terms with my mother..period.

THEY ALREADY HAVE A CASE ON THE GROUNDS OF WHAT HAPPENED.

FYI---the manager at the time did heavy drugs therefore lost his mind when he pulled that gun out. They found 20 guns in his apartment and had a prior criminal record. The management company is being sued due to negligence. THEREFORE what right does the opposing attorney have in subphoening me when I wasn't a direct witness to what happened. THIS IS ABUSE OF MY PRIVACY and abuse since I'm self-employed and can't be subphoened all the time.

Answer 1

You have no obligation to answer questions about your personal affairs. You did not waive your right to privacy by filing suit because it is not you that filed the suit. However, if you disobey the subpoena, you can be held in contempt. However, the subpoena might not be valid. Normally, a witness who is not a party is entitled to a fee and expenses for appearing at a deposition. If that is the law in your state and you were not paid the fee, then you cannot be punished for contempt for disobeying the subpoena.

You could call the lawyer who issued the subpoena and tell him/her that you were not a witness and you will provide no useful testimony.

If the attorney does not withdraw the subpoena, you could be the witness from hell: I went to a depo like this once that my adversary noticed, and the witness's testimony was to sing 'Henry the Eighth I am I am' over and over and over. Since the party taking the deposition has to pay by the page for the deposition, it ended real quick. And it was hilarious for the attorneys (except the jerk who subpoenaed the plaintiff's brother) and for the court. And the jerk ended up having to pay over $500 for a worthless transcript.

Answer 2

The opposing attorney is within his legal rights to subpoena you. Even though you did not directly witness the incident, your mother's suit is for emotional distress beyond the incident -- that may be what you will be asked questions about. Another reason the opposition may want you to testify is due to your obvious problems with your mom, which may show that she has flaws in her character which would indicate she may have lied in starting this suit.

In order to protect yourself, you will need an attorney. Your attorney may be able to work a deal with the opposition for a limit to your testimony by subject matter or by question. Right now you do not know what they are planning to ask you or why they want you to testify.

Answer 3

they aren't digging into your personal provate life. The attorney could probably care less. The fact that you aren't talking to your mother has nothing to do with the fact that your brother was affected by the event. The attorney wants to hear what you know about the incident and anything you might know regarding how your brother was affected. It has nothing to do with YOU. go to the deposition, answer the questions, it will probably only take a couple of hours anyway. if it makes you feel better you can aways hire an attorney to represent you to make sure they don't did into your private life. But seriously, do you always make everything about you and do you honestly think your life is that interesting that people want to dig into it?

Answer 4

You sound unbelievably selfish. Of course you were a direct witness to the fact that your brother was traumatized, since you knew what he was like before and after the incident.

Once you are subpoenaed, you can't avoid testifying. You will be doing it to help your brother, not to help your mother. They can't question you about your private life since that is not the issue in this case, but you sound like you have plenty to hide.

For once, be a man and step up to the plate to help your brother. He probably needed a lot of counseling, and any proceeds from the lawsuit will go towards the help he got and can still get in the future.

Answer 5

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Answer 6

I would suggest getting your own attorney. And if your really that upset counter sue your mom's and the management companies attorneys for invasion of privacy.

Answer 7

i've got faith that simply by fact that we've been married in a church, God substitute into modern-day there and Blessed our marriage then. he's often in my heart and soul despite the fact that i'm doing, solid or undesirable. that is my have faith in Him that keeps me going in the direction of greater solid activities. And the older I substitute into, the greater in-music i've got faith I substitute into with God...and the greater I study from others and God, the greater I understand God and my sexual responsibilities and desires with my companion and how that is all related. Which comes finished circle proving to me that God is thoroughly on top of problems with my lifestyles bodily, emotionally, and spiritually. God has performed a necessary section in my lovemaking/sexual lifestyles and that i call it devine intervention.....as I genuinely have helped those with issues they have, they have helped me with issues i substitute into having, not bodily yet emotionally and spiritually, deep interior of that i did not understand a thank you to repair.

Answer 8

you will have to show up for court no way getting around the subpoena, when they call you to the stand, do not lie it could lead to charges but you do not have to give them anything either unless they ask the right questions, basically just give yes and no answers do not elaborate or give more info then asked,

if they try and ask tricky questions just say I am sorry i do not understand the question please repeat, make them work for there money on this one

Answer 9

It sounds like to me they dont want your personal details. They probably just want you to testify how the incident affected your brother. As in how did he change his way of life or how he behaves.