i received a subpeona from the state of minnesota to be deposed with regard to an auto accident i was involved in four years ago. the lawyer said that my accident could have bearing on a case he is trying now involving a similar accident. is there any way i can get out of the subpeona?
My response:
When a deposition subpoena requires the attendance of a witness or production of books, documents, or other things at deposition, a party, witness, or consumer may move for an order quashing the subpoena or modifying it. On motion, a court may quash or modify a deposition subpoena, or may direct compliance with the subpoena on terms or conditions it declares, including protective orders. Courts may also make such orders on their own motion, after giving counsel notice and an opportunity to be heard. In addition, courts may make any other orders appropriate to protect parties, witnesses, or consumers from unreasonable or oppressive demands, including unreasonable violations of a consumer’s right to privacy.
Deposition subpoenas may be attacked for defects in their contents, or defects in their service. They are also subject to attack when a deposing party fails to pay required mileage or witness fees. Further, deposition subpoenas may be attacked for seeking disclosure of testimony, records, or things that are irrelevant, privileged, or protected by work product or other policies limiting discoverability. Finally, deposition subpoenas may be attacked as unjustly burdensome and oppressive.
If the court finds that a motion to quash, modify, or limit a subpoena was made or opposed in bad faith or without substantial justification, or that one or more of the requirements of the subpoena was oppressive, the court has discretion to award the amount of reasonable expenses incurred in making or opposing the motion. Such expenses may include reasonable attorney fees.
IAAL
