KENTUCKY - Location of deposition for Party?

Question

If a defendant resides and does business in Michigan, gets sued in Kentucky, can the defendant be compelled to travel to Kentucky for deposition, or can he insist that plaintiff attorney take deposition in state of residence?

(A cite would be helpful)

Answer 1

At least 20 states require that you hire an attorney licensed to practice law in that state to file a miscellaneous action in the court with jurisdiction over your deponent. These states are: Alabama, Alaska, Arizona, Arkansas, Connecticut, the District of Columbia, Hawaii, Illinois, Kansas, Kentucky, Michigan, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Vermont, Washington, and West Virginia.6 Once that action is filed, the attorney you have hired must in most cases file a motion asking the court to issue a subpoena to your deponent. You can often save money here by drafting the pleadings yourself and having out-of-state counsel simply review, sign, and file them.

While only Alabama, Arkansas, and Kentucky have statutes or rules in place explicitly requiring out-of-state attorneys to obtain a writing from the trial state court asking the home state court to issue a subpoena, (Ala. R. Civ. P. 28(c); Ark. R. Civ. P. 28(c); Ky. R. Civ. P. 28.03.) it has been my experience that several states' clerks and attorneys believe that this procedure is still required in their state.

For example, I have often been required to get a Utah judge to sign a "Commission to Take Out-of-State Deposition" to be filed in a California court by a California attorney, before that court will issue a subpoena, despite the fact that California has adopted a liberal out-of-state depositions statute in Cal. Civ. Proc. Code subsection 2029.

Michigan Court rules provide a procedure whereby a person authorized by another state to take a deposition in Michigan in an 'action' pending in that state may petition a court of this state for a subpoena to compel the deponent to give testimony. MCR 2.305(E). The use of the word 'may' is permissive. Gulley-Reaves v Baciewicz, 260 Mich App 478, 485; 679 NW2d...

Whether or not the court holding personal jurisdiction over the subpoened party can compel that party to travel is a matter of fact for the court to decide. However, in your case, the matter would be before the Michigan court and yes, the could compel travel under state statutes.

Be careful however. That court could also compel you to pay for such, including lodging and meals.

Federal Rules of Civil Procedure as Amended April 12, 2006 stipulates:
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it
(ii)
requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place
within the state in which the trial is held;

Furthermore, the same amended Procedures allow for:

(2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of this rule, a subpoena may be served at any place within the district of the court by which it is issued, or at any place without the district that is within 100 miles of the place of the deposition, hearing, trial, production, inspection, copying, testing, or sampling specified in the subpoena or at any place within the state where a state statute or rule of court permits service of a subpoena issued by a state court of general jurisdiction sitting in the place of the deposition,

The matter for you is as stated above. If counsel in Kentucky has enlisted the aid of a Michigan attorney and that attorney files the subpoena in the local court, yes, you CAN be compelled to attend the deposition in kentucky.

As a practical matter, it is more likely that the Michigan could will compel your attendence and the deposition will be taken by the reciprical attorney residing in Michigan.

Answer 2

Nope, you can only compel them to travel 100 miles for a deposition, and the deposition must take place within a 100 mile radius from the federal courthouse that it was issued by. This is per the Federal Rules of Civil Procedure. From looking at a US Map, I can't see how you could depose the defendant. Subpoena the defendant for trial and go from there. Your attorney can do other things, such as Interrogatories.

Answer 3

Amy's house 2 on one.