> If your attorney or the opposing attorney calls you by phone and
> says "we are going to depose you on xxx date" but no subpoena or
> written notice is sent to you, are you obligated to show on that
> date and time? If the opposing side wants to depose you, aren't
> they supposed to notify you by certified mail or with a subpoena
> prior to the deposition? I know that they call and try to arrange
> a satisfactory date, etc., but isn't a written notice required
> spelling out the date and any items they want you to produce?
> Lee Griggs
> Forensic lock analysis nationwide.
> Tel: 803-432-9008 Fax: 803-424-0450
> Website: http://www.msegroup.com
To answer your questions, I have to ask some questions.
First question: Are you a party to the action, i.e., a plaintiff or
defendant? If so, the notice of deposition is sent to your attorney of
record, and he/she is expected to produce you at the appointed time and
place. Moreover, if you are a party to the action and are represented
by counsel, the attorney for any opposing party cannot contact you
directly. All such contacts must go through your counsel.
Second question: Are you an expert witness retained by a party to the
action? If so, the notice of deposition goes to the attorney
representing the party that retained you. You have a contractual
obligation to cooperate. You also have a common sense obligation, if
you hope to continue to be retained in similar cases.
Third question: Are you a third party witness, i.e., someone who has
information germaine to the facts at issue, but not a plaintiff or
defendant and not an expert witness? If so, you should be served a
subpoena and a notice of deposition, both. An attorney who trusts in a
third party witness to show up for deposition or any courtroom
proceeding based on a letter or a phone call will sooner or later find
himself without the deponent and without a remedy.
Sheila Martin Berry
"The world is a dangerous place to live; not because of the people who
evil, but because of the people who don't do anything about it."
- Albert Einstein