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Out of town Deposition

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mrain22

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I live in South Carolina. My friend (soon to be former) lives in Georgia and is suing her Doctor. It's a malpractice suit. She asked me two years ago if I would be a witness to something I observed in the Doctors office while she was receiving care. I told her yes.

Well, over the last year, she has told me that the case was going to be thrown out, then the case was back on, etc. etc. I have backed her the whole time and have been very supportive. Five months ago her attorney called me on the phone, (with her permission) and we talked, He said he doubted he would need me and then thanked me for my time.

Well, my friend called me a month later and said she said that she and her husband had been deposed (this was four months ago), she told me that they were not going to depose me. I said Okay, well, let me know. A month after that, she called and said she thought the case was going to be thrown out, due to the fact that the attorney had possibly waited to long to file the suit (two year limit or something like that)

The next month I decided to go ahead and sign up for some elective surgery that I am needing. I paid a huge Non-refundable down payment. My friend suddenly started calling and telling me that I WOULD be deposed after all. she forwarded an email from her attorney and it sounded like she was implying to them I was not trying to cooperate.

I told her I could still come to the deposition Could they give me some notice.

I live 500 miles away from where I would give the deposition. If the other side subpoena's me. Do I have to cancel my surgery and travel there? Also, how mucn notice do they have to give me?

My friend has gotten really antsy, and has now started threaten me. I am willing to testify at a deposition, but they don't seem to want to work with me. What if they subpoena me and the date of the deposition is the date of my surgery.



I immediately wrote her attorney as she requested and gave them all of these dates I could travel to Georgia to testify, but I now think they are going to just let the other side subpoena me. Do I have any rights at all?

Thank you.
 


j991

Member
You do not need to worry. You do not have to respond to a civil subpeona if you are involved in medical treatment. Also, be aware whichever side subpeona's you has to pay you for the expenses that you incur. If you recieve a subpeona for a time that you cannot respond to for a reasonable excuse, ie. medical, job related, etc., then you need to send a certified letter to both sides and to the court stating the reason you cannot respond and the soonest date that you would be available. That will keep you out of trouble. If you fail to respond to a subpeona, you can be held in contempt and a judge can issue a capias for your arrest for failing to appear.
 

mrain22

Junior Member
It's actually a deposition, to be held in the attorney's office on the coast of Georgia.

400 or more miles from where I currently live. My former friend is suing for malpractice, and to be fair she has a case, and what happend to her is horrible. But good grief I just wanted a fair amount of notice. They kept saying Oh, my attorney won't need you.

Then she called tonight and said that she thought the OTHER side, the side that she is suing,, that their lawyers would subpoena me. My surgery is optional but a huge deposit has been made and it's Non-refundable.

My surgery is the 22nd of January. Today is the 11th of January. My fear is that I will receive a subpoena a few days before my surgery and be expected to cancel the surgery. I mean what if they make the apperance for the end of January. If I go ahead and get the surgery won't that be like defying the lawyer?? But then I will lose all of the surgery fee.

I have stood on my head to be available. When I first got wind that I would indeed be needed as a witness and would be deposed. I immediately wrote her attorney, This was 30 days ago, and I gave him all of these dates I could come. I even offered to come the day after christmas. I should be back on my feet from this surgery and able to make the long trip to the coast of Georgia 3 weeks after my surgery.

I am assume that a malpractice suit goes to the Superior Court in the county that it's in, in the State of Georgia. I don't understand why I can't give testimony by video.

But she claims they can force me to drive there.

We are no longer friends because of this.


I just wish they would let me get my surgery and then let me come testify 3 weeks afterward.
 

Rexlan

Senior Member
They can subpoena you but you can throw it in the trash. They do not have personal jurisdiction over you in another state.

They have to come to your location to take the deposition if they want one. You are under no obligation to travel to their location in another state and they have no personal jurisdiction over you. They can not make you go there for this purpose.

Simply call them and tell them to schedule it in your area at a date and time that is convenient for you, not them, and pre-approved by you. If they try to do otherwise notify the court and it will stop instantly. You can offer them 3 dates and times to take the deposition that are convenient for you at the initial contact. If you have medical issues you can push those dates out 3-6 months and they will have to wait. This is normal.
 

mrain22

Junior Member
Thanks everyone!

Thank you to all of you for your help. I feel so much better now. I don't have to go into surgery in 9 days all stressed out.

If they subpoena me, I at least know that I have some rights.

Be well,

mrain22
 

tranquility

Senior Member
Be sure to read the court's name on the top of the subpoena. It is a relatively easy process to get a court in another state to issue a subpoena in an active case.
 
I think that what has happened is that your friend's attorney (Plaintiff's lawyer) was going to present you as witness, and could therefore specify what days you would be presented for a deposition.

However, the other side is equally entitled to subpoena you if they feel you are a witness. That lawyer doesn't even have the information you already provided to Plaintiff's lawyer about your schedule.

Call the lawyer for the other side and tell him you understand you may be called as a witness and asked for a deposition. Tell him that you're willing to do it, but want him to know that you are unavailable for an extended period due to surgery. Give him the same dates you gave the Plaintiff's lawyer.

As noted below, they will travel to you for the deposition.

If all else fails, and they send you a subpoena for an inconvenient time, you may have to file a motion to quash the subpoena. It's not difficult to do. If you get subpoenaed, post back and we'll walk you through it.
 

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