Rules of Service: Must I appear?

What is the name of your state? Arizona

I received a notice of deposition in the case of a divorce to which I am not a party. They think I have information that will support the wife's case of financial misconduct on the part of the husband. I want nothing to do with these people's divorce.

I accepted the original service so that I could file a motion to quash.

The motion to quash was supposedly denied by the judge but I have not been personally served with it. I did not therefore show up for the deposition. They are threatening to come after me for charges even though I was never served and never led anyone to believe I would be there. I told the husband's attorney I would not be there.

The wife's mother then died and the entire divorce court date was moved out 60 days (it would have been 3 days after my deposition originally and this would have been all over by now). Now the wife's lawyer is again sending me letters telling me he has set another deposition for March 30. Today's letter says that according to Arizona Rules of Family Law Procedure, Rule 43C, he does not have to serve me personally, that mail is sufficient since I already "appeared" by virtue of accepting the original service. 43C.1. says mail is OK after appearance. However, as I read 43C.2 it says that after judgement (which I believe relates the judge's denial of my motion to quash), Rules 40, 41, and 42 apply, meaning personal service is required.

Is this guy just yanking my chain? I absolutely don't want to appear unless I absolutely have to to avoid being in contempt of court.

Thank you.

BluebayWhat is the name of your state?

You need to appear. "Judgment" refers to a final order, not the judge's decision not to grant your motion to quash.

Don't try to screw around with the rules of service. Personal service requirements are intended to protect those out of jurisdiction from contempt charges. (Like, if you had moved to the Dominican Republic BEFORE submitting to the court's jurisdiction, it would be unfair for a warrant to be issued for your arrest for a deposition you knew nothing about b/c your mail didn't get to you.)

I'm sure the judge already had his/her clerk draw up a contempt order with an order to arrest and detain you. If you don't appear on March 30, the judge will sign the order, you will be arrested, and you will be held in jail until all attorneys on the file can get together to take your deposition. Furthermore, you can be sanctioned, fined, and further jailed after a finding of contempt.

(I just never understand why people try to escape appearing pursuant to subpoena. I understand that you don't give a flip about a divorce that doesn't concern you. But I don't understand why you would try to find a loophole that will magically exempt you from following the law.)

Compensation?

Thank you. I guess I'm going then. Dang. Can I demand to be compensated for my time?

Also, please understand that when you're a law abiding citizen that has never had a run-in with the law or our court system, one typically just wouldn't know the answer to the question I posed in the original post. Thank goodness for sites like FreeAdvice.

bluebay said:

Thank you. I guess I'm going then. Dang. Can I demand to be compensated for my time?

Also, please understand that when you're a law abiding citizen that has never had a run-in with the law or our court system, one typically just wouldn't know the answer to the question I posed in the original post. Thank goodness for sites like FreeAdvice.

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No, you won't be compensated for your time. Any more than we are.

Your compensation will be no arrest warrant being placed out for you. I think that is well worth it.