Subpoena Rights

[whgth]

What is the name of your state (only U.S. law)? MI

I have been subpoenaed to a deposition in a case where my former employer is being sued by a stock holder of the corporation.

The Defense (my former employer) has subpoenaed me.

This employer terminated me July 2, 2007 so I am not sympathetic to helping this individual.

I also now own a competing company to this defendant. We are the only two companies that make the product in our niche.

Just how hostile can I be in a deposition? What are my rights?

 

[whgth]

Anyone know anything about this?

 

[whgth]

Hello? Anyone out there?

 

[thedoctorisin]

You can tell the truth, the whole truth, and nothing but the truth. You cannot lie.

 

[thedoctorisin]

As regards witness immunity:

[W]itnesses who testify during the course of judicial proceedings enjoy quasi-judicial immunity. This immunity is available to those serving in a quasi-judicial adjudicative capacity as well as "those persons other than judges without whom the judicial process could not function." 14 West Group's Michigan Practice, Torts, � 9:393, p 9-131. Witnesses who are an integral part of the judicial process "are wholly immune from liability for the consequences of their testimony or related evaluations." Id., � 9:394, pp 9-131 to 9-132, citing ****** v Children's Aid Society, 215 Mich App 88, 96; 544 NW2d 651 (1996). Statements made during the course of judicial proceedings are absolutely privileged, provided they are relevant, material, or pertinent to the issue being tried. See ****** v Children's Aid Society, supra; Rouch v Enquirer & News of Battle Creek, 427 Mich 157, 164; 398 NW2d 245 (1986); Meyer v Hubbell, 117 Mich App 699, 709; 324 NW2d 139 (1982); Sanders v Leeson Air Conditioning Corp, 362 Mich 692, 695; 108 NW2d 761 (1961). Falsity or malice on the part of the witness does not abrogate the privilege. Sanders, supra. The privilege should be liberally construed so that participants in judicial proceedings are free to express themselves without fear of retaliation. Id. [Maiden v Rozwood, 461 Mich 109, 133-134; 597 NW2d 817 (1999).]

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