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?
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?