Subpeona

[Abe_Froman]

What is the name of your state? TX

I was a witness to an auto accident a few years back and gave my info to the insurance company for the innocent party, the other company never called.

Now, some accident investigator is calling wanting a sworn statement because their client is suing the pants off of the other guy. I really don't want to get involved and have tried to avoid him, and of course I am now subpoenaed to appear at a deposition.

Can I use my 5th amendment right and choose not to say anything at the deposition? At this point, I would probably go ahead and agree to fax them a hand written statement with all the facts if I could get out of this.

Thanks!

 

[BillyBG]

If you're going to the deposition, why not just give them your statement? Have it signed and notorized by the court. But if the defense has questions regarding your statement during trial, you could be subpoenaed again to appear and testify. Or you can say that it happened several years ago and don't remember anything clearly.

 

[I AM ALWAYS LIABLE]

If you're going to the deposition, why not just give them your statement? Have it signed and notorized by the court. But if the defense has questions regarding your statement during trial, you could be subpoenaed again to appear and testify. Or you can say that it happened several years ago and don't remember anything clearly.

My response:

I begin my response by saying that BillyBG doesn't have the slightest clue about a Subpoena and it's meaning or purpose. BillyBG's response is, in other words, completely wrong.

A subpoena is a court Order to appear for the purpose of which it was issued - - in this case, a deposition. The case is obviously beyond the "statement" stage and the litigants want your testimony.

Courts do not "sign and notarized" anything. That's a ridiculous remark by BillyBG. What's even more stupid, and frankly quite dangerous for you, is that BillyBG is telling you to lie, under oath, that you "don't remember anything clearly." Lying can, and will, get you into more trouble with the court than you can imagine. Don't do it.

You don't have a right to avail yourself of the 5th Amendment because:

1. This is a Civil matter, and

2. This is not a criminal matter that involves "incrimination" of yourself in a crime.

Suffice it to say, you were a witness to an auto accident, not a drug bust, and since it's an Order to Appear, you have no choice in the matter but to appear. Read your Subpoena carefully for instructions and that you are undoubtedly entitled to witness fees for your appearance. Don't forget to request your fees prior to testimony.

But, most of all, don't listen to BillyBG.

IAAL

 

[HomeGuru]

This has not been the first idiotic response made by BillyBG.

 

[BillyBG]

Hey, I'm still crafting my skills from HomeGuru. I hope to one day have great remarks like you.

 

[I AM ALWAYS LIABLE]

Hey, I'm still crafting my skills from HomeGuru. I hope to one day have great remarks like you.

==================================

My response:

I'll tell you what, BillyBG - - why don't you "craft" your "skills" somewhere else, because if you keep these types of responses up, you will be "crafting" elsewhere.

Try responding only to threads where you absolutely know the proper answer. Don't make things up - - and especially, don't make up dangerous responses.

IAAL