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Subpoena-Civil Suit

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M

Myra

Guest
If someone is subpoenaed to give a deposition in a Civil Suit, and does not answer the subpoena, will a bench warrant be issued for them? Can they be thrown in jail?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Myra:
If someone is subpoenaed to give a deposition in a Civil Suit, and does not answer the subpoena, will a bench warrant be issued for them? Can they be thrown in jail?<HR></BLOCKQUOTE>

My response:

The way I have handled this in the past, is when I have my staff call to confirm the witnesses' appearance for deposition, I also have the Deponent reminded of the written warning on the Subpoena. When I get "flack", I don't argue, I merely hold the Deposition, and have the stenographer take down a "No Appearance." Then I have the court issue a Bench Warrant, and the person is "dragged" in front of a judge by the Sheriff, gets yelled at, and winds up paying my lawfirm $500.00. Then, when they refuse that, or continue to refuse to have their deposition taken, I have the court issue a new Bench Warrant, and the person is, once again, dragged into court kicking and screaming, and this time is not only ordered to pay me another $500.00, but then is ordered immediately to spend a day or two in jail. After that, they agree to have a deposition taken. Then, at the deposition, the Deponent thinks that since he/she has shown up, they can be "silent" or give me a bunch of "I don't knows" and/or lousy answers and/or is being a smart ass. All the while, the Stenographer is taking the whole thing down for the judge to read. Then, I make another motion in court for the Deponent's failure to abide by the previous court order to allow a good faith deposition, the court then grants my motion, and orders yet another Bench Warrant to be issued, and the Deponent is dragged into court once again by the Sheriff, and now with the Deponent in front of the judge REALLY let's the Deponent "have it", ordering yet ANOTHER $500.00 to be paid to me, and this time the Deponent gets to spend a week in jail or, if he/she agrees, only spends two days in jail and agrees to give me a "good" Deposition - - but this time, at the jail. If they still don't give me a good deposition, then the jailer merely takes them back into the cell to spend the rest of their jail time.

Want to go through all that? We attorneys are used to it, and we still get paid. You, on the other hand, get to lose lots of money, might lose your job because of the court appearances and the jail time, and I still wind up taking your deposition one way or the other.

This is a WIN/LOSE proposition. The deponent will always be on the losing end.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
M

Myra

Guest
Thank you for your answer IAAL. I am on the side of wanting this person to give a deposition, or face the consequences!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Myra:
Thank you for your answer IAAL. I am on the side of wanting this person to give a deposition, or face the consequences!<HR></BLOCKQUOTE>

My response:

Good for you. Go after the little miscreant!

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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