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Asked to talk to attorney's "investigators"

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Tomorrow

Junior Member
What is the name of your state?: California.

Two months ago, an acquaintance decided to sue a mutual acquaintance and a third party. The third party's lawyer called me and left a message on my answering machine today. The message asks me to call his office and answer some questions from his case investigators regarding the matter over which his client is being sued.

I am confused. Does investigator mean a police officer? He specifically said investigator, not detective or cop or officer.

Do I have to talk to this attorney and/or his case investigators? I do not want to be involved and I have NOTHING to do with this case. I just mind my own business and have other problems in my life right now. Can they penalize me in any way for ignoring this phone call?

Thank you in advance for advise / help.
 


garrula lingua

Senior Member
No, you don't have to talk to the investigator, who is usually a private investigator (many of whom are retired cops, some are just good at interviewing people and fact-finding; they may, or may not, be licensed private eyes).

If you're subpoenaed, though - don't ignore that. It is an order of the Court (sometimes issued by the atty) to appear in COURT for the trial.
Few attys would subpoena someone who has not cooperated by meeting with 'investigators' as it is unknown how that person would testify.
 

JETX

Senior Member
Garrula is almost correct.

He forgot that you that a subpoena could be issued to simply order you to make an appearance at the attorney office for a deposition. Very common... and just as serious. If you are subpoenaed, do NOT ignore it.
 

Tomorrow

Junior Member
Thank you

Thank you both very much.

I am concerned though - how does the subpeona process work? Does an attorney simply approach the Court to "legalize" the attorney's order / request that the individual talk to him or her and his or her investigators?
 

garrula lingua

Senior Member
In California, any attorney can issue a subpoena duces tecum or deposition subpoena, ordering you to appear, or produce paperwork at a specific time and place.

Here is an example of a civil subpoena:
http://www.courtinfo.ca.gov/forms/documents/subp002.pdf

The Prosecutor (Dep. Dist Attys or City Attorneys) can also issue a criminal subpoena. Do follow all instructions regarding a criminal subpoena exactly. Ignoring a criminal sdt can put you in jail.

The Feds issue another type of subpoena for investigatory purposes. Do follow those exactly.

Service is another issue. Most subpoenas have to be served personally, with the exception of some criminal subs, and notice time will vary according to type.
 

las365

Senior Member
The fastest and least stressful way for you to handle this is probably to go ahead and talk to them informally. You don't have to go to the office; you can return the call and tell them that they can either ask you questions over the phone or come to you.

I understand that you don't want to be involved. If you don't have knowledge of relevant facts (or if the facts you know don't help that person's defense), the first interview may very well be that last you hear from them.

If it were me, I'd rather be in control of the situation by doing that than spend the next year or more wondering if/when I'm going to get a deposition notice. Best of luck to you whatever you decide.
 

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