I have been subpoena'd to a deposition involving an accident I witnessed over two years ago. I am not directly involved in this suit and can't afford to loose work over this. Is there anyway to claim "hardship" or other avenue to rid myself of this issue?
2007-09-01 09:54:33 · 13 answers · asked by Tyler M 2 in Politics & Government ➔ Law & Ethics
No, you cannot get out of the deposition subpoena. What you can do is ask to be paid the standard witness fee and the mileage to travel there. Also, you can contact the lawyer who subpoenaed you and find out of the deposition can be rescheduled for a time that is convenient to you (maybe a Saturday or evening, after you get out of work)? The lawyer will usually be cooperative and ask that you waive personal service of the new date/time (they'll just send you a confirming letter and ask you to sign it).
2007-09-01 11:45:17 · answer #1 · answered by Princess Leia 7 · 0⤊ 1⤋
Subpoena For Deposition
2016-12-12 15:55:23 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Deposition Subpoena
2016-10-06 10:08:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I know it's a pain but what if it were you injured in an accident relying on the memories of strangers? If they can video the depo then maybe you can avoid having to go to court to testify a second time if they do not settle.
Have you been cooperating with the plaintiff's attorney when or if his staff calls you? Maybe they would be willing to reschedule to a time more convenient to you if you would only communicate this.
Say what you will about PI claimants and lawyers, people do get hurt in accidents and insurance companies do deny honest claims and they have to be forced to pay with a law suit. I've worked on both sides of this and I can tell you sometimes honest worthy people have to file a personal injury law suit!
So to answer your question, technically the attorney who issued the subpoena can go to a judge and get something called a "body attachment" which authorizes the sheriff to go get you and haul you to the deposition. Why let it go to that? The plaintiff's attorney has every incentive to make it convenient to you if you would only communicate!
2007-09-01 10:08:52 · answer #4 · answered by Brenda P 5 · 0⤊ 1⤋
a million. Am I legally required to supply a deposition without being subpoenaed? No. yet once you do not flow, then they gets a subpoena. 2. If I do supply the deposition, am I breaking HIPPA regulations? not by utilising giving a deposition. in basic terms by utilising revealing info on the subject of the affected person that are secure by utilising HIPPA regulations. And if that comes up, then you definately do not say it.
2016-11-13 22:42:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Not really, no.
You can try to schedule the deposition for a more convenient time, and you can explain that you cannot afford to attend unless the compensate you for your lost work.
However, the subpoena is a court order requiring to you attend the deposition, and willful refusal to abide by the court order can subject you to contempt proceedings.
2007-09-01 10:00:06 · answer #6 · answered by coragryph 7 · 2⤊ 0⤋
Talk to the attorney's. If they want your testimony, they will consult with the judge and continue to a more convenient date. You cannot get paid though.
The other option is ignoring the subpoena and going to jail. Then you won't have to worry about making any money, three meals and a best-est buddy to snuggle up to all night!
2007-09-01 10:02:43 · answer #7 · answered by Marc 3 · 0⤊ 0⤋
You can file a motion to quash the subpoena on the grounds of convenience. They might not grant it but it depends on how much of a hardship a judge believes that it is.
2007-09-01 10:02:08 · answer #8 · answered by Eisbär 7 · 0⤊ 1⤋
Call them up and tell them that if they wish you to remember anything that might be helpful to them, they need to reduce the amount of stress you feel about being deposed by scheduling the deposition during time when you are not scheduled to work. Inform them sweetly that, while you wish to be as helpful as possible, your memory is a tricky thing and only works at its best when you are totally relaxed. Unfortunately, you add, when you know you are supposed to be at work, any memory you might have been able to summon up would be overshadowed by the stress caused by being worried about being fired. Sorry, but the deposition needs to be when you're not scheduled to work, or the stress will cause your mind to go completely blank, or even to misremember things which could damage their cause.
They can still choose to depose you during work hours, but are unlikely to take the chance that your stress level might cause you to remember that *THEY* caused the accident, instead of the other guys. You didn't hear it from me, the licensed paralegal...
2007-09-01 10:13:39 · answer #9 · answered by freemailjunk 2 · 0⤊ 2⤋
Talk to the attorneys and they may be willing to schedule it at a convenient time for you--for the most part, whoever is calling you wants you cooperative, so they make accommodation.
2007-09-01 09:58:58 · answer #10 · answered by Anonymous · 2⤊ 0⤋