Declaration in Opposition to Motion for Sanctions and Motion to Dismiss

[KashMarsh]

Company I used to work for is suing an Ex Employee for possible theft of a program. I have been contacted to verify my assumptions in physical print outs coming out of the "stolen" program. I was involved with writing the original program. I honestly do not wish to be involved at all with this lawsuit and was given one of these declarations to sign by the lawyers doing the lawsuit. In it it states "...I could and would completently testify thereto under oath if called as a witness." does this commit me to be called into court if this goes to trial? If so, how do I completely get out of being involved at all in this lawsuit?

They want me to sign this thing asap**************.and I really don't want to. What's my recourse? And is it really that bad?

Thanks in advance.

I'm in California.

 

[badapple40]

Company I used to work for is suing an Ex Employee for possible theft of a program. I have been contacted to verify my assumptions in physical print outs coming out of the "stolen" program. I was involved with writing the original program. I honestly do not wish to be involved at all with this lawsuit and was given one of these declarations to sign by the lawyers doing the lawsuit. In it it states "...I could and would completently testify thereto under oath if called as a witness." does this commit me to be called into court if this goes to trial? If so, how do I completely get out of being involved at all in this lawsuit?

They want me to sign this thing asap**************.and I really don't want to. What's my recourse? And is it really that bad?

Thanks in advance.

I'm in California.

Is there anything in the declaration/affidavit that is not true? If so, contact the attorney and tell them you cannot sign it because ___ is not true.

Otherwise, you had better sign it. Otherwise, I'd suspect them to take adverse action at your work place, or to subpoena you and take your deposition.

 

[You Are Guilty]

Is there anything in the declaration/affidavit that is not true? If so, contact the attorney and tell them you cannot sign it because ___ is not true.

Otherwise, you had better sign it. Otherwise, I'd suspect them to take adverse action at your work place, or to subpoena you and take your deposition.

Not so fast. Poster is in CA - where is lawsuit? If it's out of state, you can probably commence using it as toilet paper. (If it's in CA, you still can, but it's much more likely that the next paper you receive will compel an appearance somewhere).

Of course, one should always keep in mind that a disgruntled witness often tends to have "memory problems" which may hurt the case.

 

[KashMarsh]

Ok so in other words, I should sign it eventually? If I don't sign it, I assume they can subpoena me in as a witness anyway. Such a pain in the ... to deal with something I no longer have relations with. And yes, this is in California - the entire case. The papers are with the US District Court, Central District of California, Western Division. I live about 80 miles away from the location where the lawsuit is taking place and I would hate to be called into court to testify as a witness! Can I at least claim missing wages and mileage? How about stress? And there is NO WAY I can refuse to be a witness (for either side?)

 

[You Are Guilty]

Ok so in other words, I should sign it eventually? If I don't sign it, I assume they can subpoena me in as a witness anyway. Such a pain in the ... to deal with something I no longer have relations with. And yes, this is in California - the entire case. The papers are with the US District Court, Central District of California, Western Division. I live about 80 miles away from the location where the lawsuit is taking place and I would hate to be called into court to testify as a witness! Can I at least claim missing wages and mileage? How about stress? And there is NO WAY I can refuse to be a witness (for either side?)

If they subpoena you for a deposition, you can certainly (strongly) request it be held near you at your convenience. If you are called to testify in court, you are entitled to a witness fee, and I believe mileage as well. Depending on how much the subpoening party wants/needs you, they may be willing to make "additional" arrangements (car service, overnight hotel stay, etc.)

Failure to comply with a legal subpoena does carry penalties, thus, it's usually a good idea to comply (although I do not know how often such penalties are actually enforced in your area).

Just remember, if you're the star witness and no one else can testify as to the matters that you can, it's a seller's market - you have a lot of negotiating power.

 

[KashMarsh]

Thanks for the advice! I will certainly milk it!

 

[badapple40]

Actually, they must tender a witness fee and mileage for the subpoena to be effective, and make sure you demand it from them. See FRCP 45(b)(1).

It probably amounts to around $70 for the day. You won't get lost wages, but you can sure as heck demand that they do it on a saturday (for the deposition -- if you want to), otherwise tell them you will move to quash the subpoena because it imposes "undue burden or expense" on you, since you will have to miss a day of work.

 

[weenor]

The others are right get what you are entitled to testify...but it sound like at this point they are merely asking you execute an affidavit- which is testimony under oath on a piece of paper. Make sure every is true and sign.

Above all else don't play games to make a Federal Judge mad..they are appointed for life...and they can make you hurt.