etna said:
If after serving a witness subpoena in a small claims court, can I then depose the same individual if I believe they cannot make the trial. What is the SOP for setting up the Q & A for a deposition. Is it attached to the second subpoena.
Finally, if I have a disinterested party serve (other than the sheriff), how does the court know that a subpoena has been served to the named witness?
My response:
These are excellent questions; so, let me say "thank you" for asking them.
Okay, when you have a person subpoenaed for trial, this is not a "choice" issue; rather, it's a command performance - - an order of the court. If they fail or refuse to attend, they are immediately subject to court sanctions, arrest, and can be subject to contempt of court proceedings which may include jail time. Subpoenas are not fun and games time. You don't screw with court orders.
There are no "mechanisms" in the law for a Small Claims court deposition. It's either come to court, or make sure that you can prove to the court you were in the hospital having surgery. Anything less, and you're screwed.
The court knows that a subpoena has been served when the original Proof of Service on the back of the original subpoena has been properly filled out and signed by the person who did the serving, and then gives you back the original subpoena with the original Proof of Service for filing with the court - - you give it to the clerk at the filing window.
Thanks again for writing.
IAAL
