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Can the respondent's attorney take my deposition while the respondent has not been se

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HRJHRJ

Junior Member
Missouri.
The respondent on my protection order claim is dodging the server and the judge has rescheduled the hearing three times so far. However, i just received an email from one of the respondent's attorney that she represents the respondent on the protection order claim and would like to take my deposition! Is it really possible for them to do so whereas the respondent has not shown up to the hearing so many times? Doesn't it indicate that respondent knows about the protection order is in place? The respondent has violated the protection order so many times so far! Also the respondent is strongly banned from contacting me through any mediums!
 


Just Blue

Senior Member
Missouri.
The respondent on my protection order claim is dodging the server and the judge has rescheduled the hearing three times so far. However, i just received an email from one of the respondent's attorney that she represents the respondent on the protection order claim and would like to take my deposition! Is it really possible for them to do so whereas the respondent has not shown up to the hearing so many times? Doesn't it indicate that respondent knows about the protection order is in place? The respondent has violated the protection order so many times so far! Also the respondent is strongly banned from contacting me through any mediums!
I would contact the DA (if criminal case) or the Victim/Witness Advocate. Best of luck to you...Blue
 

HRJHRJ

Junior Member
It is not a criminal case. The guy has been harassing me for a while and on the other hand he avoid getting served. I just wanted to know if they can ask to take my deposition even once he has not been served yet?
 

latigo

Senior Member
Missouri.
The respondent on my protection order claim is dodging the server and the judge has rescheduled the hearing three times so far. However, i just received an email from one of the respondent's attorney that she represents the respondent on the protection order claim and would like to take my deposition! Is it really possible for them to do so whereas the respondent has not shown up to the hearing so many times? Doesn't it indicate that respondent knows about the protection order is in place? The respondent has violated the protection order so many times so far! Also the respondent is strongly banned from contacting me through any mediums!
Only an attorney formally of record in a proceeding, or a litigant that has appeared in proper person, has the ability to conduct any pretrial discovery, including the taking of depositions.

This lawyer or lawyers that are supposedly "representing" the respondent know that. But seemingly are trying to avoid making a formal appearance on behalf of the respondent knowing that it will dispense with the need of personal service.

So whether or not personal service is completed ignore any such requests until the firm does make that appearance as counsel of record.
 

HRJHRJ

Junior Member
Thanks, but in the email, the attorney indicated that she would like to take my deposition in person. Here is my question, since the stalker has not been served yet and as a result did not show up in any of the trials up to now, he was not able to assign an attorney for the case formally.
But what about the attorney's claim that she is representing him on the case? Shouldn't such a request be asked after he shows up in the hearing session?
I forwarded the lawyer's email to my attorney but I want to know if we can ask tge server to serve the respondent's attorney on his behaf?
I do appreciate if you provide me with more details.
 

justalayman

Senior Member
Until the attorney filed as the attorney of record (they can do this prior to a hearing) tell them you are not interested in speaking with them.
Until they are the attorney of record they have no right to request or demand a deposition.

If they are the attorney of record they can accept service on behalf of their client.



And a huge no no;

If you have an attorney (either formally recorded or by your statement to any other) the other attorney should not be contacting you for anything. S/he is mandated to address you through your attorney.
 

HRJHRJ

Junior Member
How can i verify that she is the attorney of the record?
In her email, she asked me to forward this email to my attorney if i have any. I did. And in any case they violated the ex parte, didn't they?
She cleary stated that she is representing my respondent. So should i ask Sheriff dept to serve the attorney with ex parte? They have attempted so many times and he dodged the server.
If she was not the attorney of record by the time of sending that email, it meant the the respondent would violate the order, right?
 

HRJHRJ

Junior Member
Well maybe it is a silly question but i have to ask.
The attorney who emailed me is the respondent's attorney in another case, not mine. At least to the best of my knowledge, no one is representing him in my protection claim.
How should I check the court record for my case?
 

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