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A question on depositions

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  • lgriggs@msegroup.com
    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
    Message 1 of 2 , Apr 3, 2000
      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
    • Sheila Berry
      ... 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
      Message 2 of 2 , Apr 3, 2000
        lgriggs@... wrote:

        > 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 Berry

        --
        Sheila Martin Berry
        E-mail: dberry@...
        Web Sites:
        http://spiritlink.com/
        http://truthinjustice.org/

        "The world is a dangerous place to live; not because of the people who
        are
        evil, but because of the people who don't do anything about it."
        - Albert Einstein
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