Subpoena

[ppr]

Thank you and I appreciate all your information.

My brother has an attorney and I will find an attorney for this.

Once again thanks.

 

[quincy]

You're welcome, ppr.

I think you are smart to personally review everything with an attorney in your area.

 

[ppr]

I submitted a motion to quash the subpoena under Fla. R. Civ. P. 1.280(c) on my own as I have no money to hire an attorney (a law student reviewed it for free, thanks to him!).

My questions are:

(i). Still, do I need to attend for the deposition on the date given in the subpoena if the court did not provide a ruling on my motion before that date?

(ii). it is whose responsibility (I or the person sent me the subpoena) to arrange a hearing date? That is, who should initiate the conversation for the hearing date?

(iii). Still I did not find my tax returns and some other documents they requested and I may not find them forever. I have no resources to find them by any means. What are the consequences I will face due to this?

(iv). If I say “I do not remember” for a question (for which I do not remember) during deposition then what consequences I face?

(v). How my above “I do not remember” answers and non-production of documents will affect the civil case, if at all?

 

[quincy]

I submitted a motion to quash the subpoena under Fla. R. Civ. P. 1.280(c) on my own as I have no money to hire an attorney (a law student reviewed it for free, thanks to him!).

My questions are:

(i). Still, do I need to attend for the deposition on the date given in the subpoena if the court did not provide a ruling on my motion before that date?

If you have been given a date for the deposition, and there has been no ruling on your motion, and the other party has not changed the date of the deposition to wait on the ruling, you should appear at the deposition as scheduled.

(ii). it is whose responsibility (I or the person sent me the subpoena) to arrange a hearing date? That is, who should initiate the conversation for the hearing date?

You are a witness. You do not have to do anything but appear when scheduled to appear for the deposition and any hearing.

(iii). Still I did not find my tax returns and some other documents they requested and I may not find them forever. I have no resources to find them by any means. What are the consequences I will face due to this?

You inform the other party that you have filed a motion to quash and the judge has not ruled on the motion yet. Again, you are ABLE to get copies of your own tax returns if your motion to quash is denied. You can request that the other party pay for the copies.

(iv). If I say "I do not remember" for a question (for which I do not remember) during deposition then what consequences I face?

If you are asked a question and you do not remember, saying you do not remember is the correct response. You do not face any consequences for being honest. You should only answer the questions you can answer. You should not volunteer any information, however. Listen carefully to what is asked and answer only what is asked and nothing more.

(v). How my above "I do not remember" answers and non-production of documents will affect the civil case, if at all?

I have no idea how your "do not remember" answers or your non-production of documents will affect the case. Apparently the other party seems to think your tax returns and all answers to the questions that are asked will have some bearing on their case against your brother, though.

You said earlier that your brother has an attorney. S/he will be attending the deposition (or should be, at any rate) as your brother's attorney has an interest in what you will be saying. If you are worried about attending the deposition and how what you say might affect your brother, I think you should seriously consider speaking with an attorney of your own, for advice specific to the facts of the case and your role in it.

Good luck.

 

[ppr]

Many thanks Quincy and I appreciate.

 

[quincy]

Many thanks Quincy and I appreciate.

You're welcome, ppr. Good luck.

 

[LdiJ]

I submitted a motion to quash the subpoena under Fla. R. Civ. P. 1.280(c) on my own as I have no money to hire an attorney (a law student reviewed it for free, thanks to him!).

My questions are:

(i). Still, do I need to attend for the deposition on the date given in the subpoena if the court did not provide a ruling on my motion before that date?

(ii). it is whose responsibility (I or the person sent me the subpoena) to arrange a hearing date? That is, who should initiate the conversation for the hearing date?

(iii). Still I did not find my tax returns and some other documents they requested and I may not find them forever. I have no resources to find them by any means. What are the consequences I will face due to this?

(iv). If I say “I do not remember” for a question (for which I do not remember) during deposition then what consequences I face?

(v). How my above “I do not remember” answers and non-production of documents will affect the civil case, if at all?

Re the bolded...yes you do have resources to produce them...and in fact you can get them within 24 hours...and in fact, in probably in less than 30 minutes. All you have to do is call the IRS and ask them to provide tax return transcripts and income transcripts and ask that they be faxed to you. Nine times out of ten you would have them in less than 30 minutes.

However that does not mean that you actually HAVE to produce them. Again, consult a local attorney.

 

[quincy]

Re the bolded...yes you do have resources to produce them...and in fact you can get them within 24 hours...and in fact, in probably in less than 30 minutes. All you have to do is call the IRS and ask them to provide tax return transcripts and income transcripts and ask that they be faxed to you. Nine times out of ten you would have them in less than 30 minutes.

However that does not mean that you actually HAVE to produce them. Again, consult a local attorney.

There were a couple of issues that ppr seemed to have with the production of his tax return, LdiJ.

He couldn't locate his own copy of his tax return but that is, as you note and as others have noted, not an insurmountable problem. He is able to get copies of his returns from the IRS.

The major issue is that ppr filed a motion to quash the subpoena which ordered the production of his tax return, and the judge has yet to rule on the motion. Having a witness in a case be asked to turn over their tax returns seems an odd request and one that the opposing party should need to support to the court as relevant and reasonable. Afterall, ppr is not the one being sued.

It also appears that ppr has limited funds available. If he is ultimately ordered by the court to produce copies, he can request that the opposing party pay for any of the costs involved in getting the copies.

 

[Ohiogal]

The alleged defamatory statements involve criticizing, by emails, the quality of the Plaintiff's company.
The lawsuit was filed almost two years ago still the Plaintiff failed to produce a "single document" (despite our repeated requests for production of documents) showing my brother's involvement.
It appears that the Plaintiff is simply harassing us so that we may volunterly withdraw the counter-case we filed.

Please pick a story: You are not involved in the lawsuit or you are involved in the lawsuit. You don't get to play both sides. You either have a dog in this fight or you don't have a dog in this fight. Because this whole post above could change any answers you get.

 

[Ohiogal]

There were a couple of issues that ppr seemed to have with the production of his tax return, LdiJ.

He couldn't locate his own copy of his tax return but that is, as you note and as others have noted, not an insurmountable problem. He is able to get copies of his returns from the IRS.

The major issue is that ppr filed a motion to quash the subpoena which ordered the production of his tax return, and the judge has yet to rule on the motion. Having a witness in a case be asked to turn over their tax returns seems an odd request and one that the opposing party should need to support to the court as relevant and reasonable. Afterall, ppr is not the one being sued.

It also appears that ppr has limited funds available. If he is ultimately ordered by the court to produce copies, he can request that the opposing party pay for any of the costs involved in getting the copies.

Witnesses to the case do not file counter claims. Witnesses to the case do not demand that the plaintiff produce documents. OP is telling tales and is not just a witness depending on what story you believe. He has told more than one in this thread.

 

[ppr]

Thanks each one of you for the continued input, I appreciate.

I have one more question: the subpoena instructed me to appear for audio deposition. However, in the motion for quash, I objected ANY audio deposition and accepted to provide written deposition only (that written deposition is also for relevant questions if any).

My question is: if there is no hearing happens (on my motion) before the deposition date, do I need to attend for the audio deposition?

 

[Ohiogal]

Thanks each one of you for the continued input, I appreciate.

I have one more question: the subpoena instructed me to appear for audio deposition. However, in the motion for quash, I objected ANY audio deposition and accepted to provide written deposition only (that written deposition is also for relevant questions if any).

My question is: if there is no hearing happens (on my motion) before the deposition date, do I need to attend for the audio deposition?

How about you answer my question -- are you a witness or a party? If a witness why were you filing a counterclaim or other things?

 

[ppr]

As I said earlier, I am not a party. One of the parties is my brother.

I was asked to produce my documents such as tax returns, etc AND also asked to attend for audio deposition, which I do not want to do hence I filed a motion to quash.

 

[Ohiogal]

As I said earlier, I am not a party. One of the parties is my brother.

I was asked to produce my documents such as tax returns, etc AND also asked to attend for audio deposition, which I do not want to do hence I filed a motion to quash.

But you also stated that YOU requested documents and that YOU filed a counterclaim. How did YOU do those things?

 

[ppr]

Can you help me identifying on where I said those statements?