Subpoena Served on Short Notice: Do I have to appear?

[abercrombie]

What is the name of your state? Georgia


I was just served a subpoena to appear to give a deposition in an attorney's office in a matter where one party is sueing a corporation I worked for 2 years ago. The plaintiff's attorney called me 2 days ago and asked me to give a deposition. I told him I didn't mind at all but that I have non-refundable plane tickets for a trip this week and suggested alternative dates.

He's ignored that and the deposition date is 3 days from now.

This seems unreasonable - must I appear at his office and cancel my plans and forfeit my ticket? Can I simply send him a polite overnight letter that I am unavailable on that date and suggest an alternative?

I'm guessing that any hint that my memory might be very foggy on that day might be cause for contempt. I feel as if I'm being intimidated and ironically I suspect my testimony would be beneficial to the plaintiff.....

 

[abercrombie]

Addendum: You are invited....

I failed to include in the original post: the last line on the Notice of Deposition is "You are invited to attend and participate as you deem appropriate".

What the heck does that mean?

Thank you

 

[CdwJava]

You need to call the attorney on Monday and explain the situation - that you will be out of town on the date of deposition. I doubt they are going to seek a contempt of court citation for you if you honestly cannot make it due to prior plans.

I am not sure of GA law, but this may not have the full force of a court order, either.

Maybe someone else here will be more familiar with GA law on this matter.

- Carl