What are the consequences?

[jimmy8]

What is the name of your state (only U.S. law)? Florida

I live in Florida and I am a third party in a lawsuit and received a subpoena duces tecum from one of the parties. Can anyone enlighten me on the following?
(i). if I miss the subpoena deposition due to ill-health or family emergency then do I need to pay any fine or penalty or attorney fee to the party that issued the subpoena (or to the court) or anyone else? How to inform the party or the court in that emergency situation?
(ii). If I oppose a question (that I was asked during the deposition) saying that it is out of the scope of the lawsuit: do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else) once the court, later on, ruled that I should answer that question
(iii). If I submit a motion to quash the subpoena on a document that was raised in the subpoena and later on the court ruled in favor of the party that issued the subpoena (that is, the court instructed me to produce that document) then do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else).

 

[Just Blue]

What is the name of your state (only U.S. law)? Florida

I live in Florida and I am a third party in a lawsuit and received a subpoena duces tecum from one of the parties. Can anyone enlighten me on the following?
(i). if I miss the subpoena deposition due to ill-health or family emergency then do I need to pay any fine or penalty or attorney fee to the party that issued the subpoena (or to the court) or anyone else? How to inform the party or the court in that emergency situation?
(ii). If I oppose a question (that I was asked during the deposition) saying that it is out of the scope of the lawsuit: do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else) once the court, later on, ruled that I should answer that question
(iii). If I submit a motion to quash the subpoena on a document that was raised in the subpoena and later on the court ruled in favor of the party that issued the subpoena (that is, the court instructed me to produce that document) then do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else).

I really think you ask the attorney these questions.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

I live in Florida and I am a third party in a lawsuit and received a subpoena duces tecum from one of the parties. Can anyone enlighten me on the following?
(i). if I miss the subpoena deposition due to ill-health or family emergency then do I need to pay any fine or penalty or attorney fee to the party that issued the subpoena (or to the court) or anyone else? How to inform the party or the court in that emergency situation?
(ii). If I oppose a question (that I was asked during the deposition) saying that it is out of the scope of the lawsuit: do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else) once the court, later on, ruled that I should answer that question
(iii). If I submit a motion to quash the subpoena on a document that was raised in the subpoena and later on the court ruled in favor of the party that issued the subpoena (that is, the court instructed me to produce that document) then do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else).

If you are named as a party to the lawsuit and you miss the deposition and you fail to provide the other party with the requested documents, you can be sanctioned. If you are a witness and fail to provide the other party with the requested documents, you can also be sanctioned.

If you know in advance that you will need to miss the deposition, you will need to request of the other party that the deposition be rescheduled.

You can file a motion to quash the subpoena if you feel you are being asked to produce documents that go beyond the scope of the lawsuit (are overly broad or irrelevant). The court will either grant your motion or deny it, based on the merits. If the court denies your motion, you will need to produce the documents requested. You will not be penalized for the delay in producing them while the motion is pending, and will not risk a sanction unless your motion to quash is found to be a frivolous one, designed to delay discovery unnecessarily.

I am assuming you do not have an attorney. You probably should have one. The outcome of a defamation lawsuit that is found in the other party's favor can be serious enough that you do not want to make any irreversible mistake.

 

[Just Blue]

If you are named as a party to the lawsuit and you miss the deposition and you fail to provide the other party with the requested documents, you can be sanctioned. If you are a witness and fail to provide the other party with the requested documents, you can also be sanctioned.

If you know in advance that you will need to miss the deposition, you will need to request of the other party that the deposition be rescheduled.

You can file a motion to quash the subpoena if you feel you are being asked to produce documents that go beyond the scope of the lawsuit (are overly broad or irrelevant). The court will either grant your motion or deny it, based on the merits. If the court denies your motion, you will need to produce the documents requested. You will not be penalized for the delay in producing them while the motion is pending, and will not risk a sanction unless your motion to quash is found to be a frivolous one, designed to delay discovery unnecessarily.

I am assuming you do not have an attorney. You probably should have one. The outcome of a defamation lawsuit that is found in the other party's favor can be serious enough that you do not want to make any irreversible mistake.

Quincy...OP stated s/he was a third party...Could s/he not as the Attorney for the party s/he is wittness for these questions?

 

[jimmy8]

>> If you are named as a party to the lawsuit and you miss the deposition and you fail to provide the other party with the requested documents, you can be sanctioned. If you are a witness and fail to provide the other party with the requested documents, you can also be sanctioned.

Thank you. I am a witness.

>> If you know in advance that you will need to miss the deposition, you will need to request of the other party that the deposition be rescheduled.
Thank you

>>You can file a motion to quash the subpoena if you feel you are being asked to produce documents that go beyond the scope of the lawsuit (are overly broad or irrelevant). The court will either grant your motion or deny it, based on the merits. If the court denies your motion, you will need to produce the documents requested. You will not be penalized for the delay in producing them while the motion is pending, and will not risk a sanction unless your motion to quash is found to be a frivolous one, designed to delay discovery unnecessarily.

Thank you

>>I am assuming you do not have an attorney. You probably should have one. The outcome of a defamation lawsuit that is found in the other party's favor can be serious enough that you do not want to make any irreversible mistake.
Thank you. I do not have an attorney and cannot afford.

I am looking for some feedback on my earlier question: If I oppose a question (that I was asked during the deposition) if I found that the question is out of the scope of the lawsuit then do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else) once the court, later on, ruled that I should answer that question

A subsequent question is: what kinds of sanctions, generally, a witness faces if the court founds that the motion is a frivolous one

 

[quincy]

Quincy...OP stated s/he was a third party...Could s/he not as the Attorney for the party s/he is wittness for these questions?

Okay, I think I am having another "comprehending chew" moment.

What are you asking?

 

[Just Blue]

Okay, I think I am having another "comprehending chew" moment.

What are you asking?

ROTFLMBO!!!

I am asking, IF the OP is a witness (3rd party) can s/he ask the attorney of the party OP is supoenaed to court for?

Does that make more sence??
Sorry if I am not wording this well...

 

[quincy]

... I do not have an attorney and cannot afford.

... If I oppose a question (that I was asked during the deposition) if I found that the question is out of the scope of the lawsuit then do I need to pay any money or penalty or attorney fee to the party that issued the subpoena (or to the court or anyone else) once the court, later on, ruled that I should answer that question

A subsequent question is: what kinds of sanctions, generally, a witness faces if the court founds that the motion is a frivolous one

Thank you for clearing up your role in this lawsuit.

If you cannot afford a lawyer, perhaps you can sit down with an attorney in a legal aid clinic and review with this attorney your deposition, your attendance at the deposition, and how best to respond to the questions asked.

You should, for example, only answer the question that is asked by listening to it carefully and responding appropriately. Do not add or expand on your answer if not asked to do so. In other words, if a yes or no answer can adequately answer the question posed, answer yes or no. If you do not understand a question, ask for clarification. If you do not know the answer to the question, or cannot remember, say so. It is okay not to know or remember, if you really don't know or remember. The important thing is to be honest when you respond as the exact words you use during the deposition may be used later.

If you are asked a question during the deposition that you find is irrelevant or outside the scope of the lawsuit or privileged or whatever, you can assert this claim during the deposition. Do not answer the question but state the basis for your refusal to answer. The other party will need to decide if your claim is one they wish to challenge.

Sanctions can vary, but are generally fines.

 

[jimmy8]

SOOO many thanks Quincy.

 

[quincy]

ROTFLMBO!!!

I am asking, IF the OP is a witness (3rd party) can s/he ask the attorney of the party OP is supoenaed to court for?

Does that make more sence??
Sorry if I am not wording this well...

The attorneys for both parties will be at the deposition but the witness cannot receive "prompting" from either attorney.

 

[quincy]

SOOO many thanks Quincy.

You are welcome, jimmy8.

 

[Just Blue]

The attorneys for both parties will be at the deposition but the witness cannot receive "prompting" from either attorney.

I understand that...But can OP ask "his" attorney BEFORE the deposition?

Again...Sorry that I am wording this badly

 

[quincy]

I understand that...But can OP ask "his" attorney BEFORE the deposition?

Again...Sorry that I am wording this badly

I am sorry that I am answering badly.

If the attorney for the plaintiff, say, has listed jimmy8 as a witness for his client, this attorney will have already gone over what jimmy8 knows and what he doesn't know and has formed the belief that jimmy8's testimony can be of help to his client. The deposition will be the other party's way of discovering exactly what it is that jimmy8 knows and how it can be best used to their advantage (even if this is only to avoid asking jimmy8 certain questions in court).

The attorney for the party that intends to call jimmy8 as a witness can go over with jimmy8 the basics - what the deposition is all about, to answer all questions honestly, etc. The attorney cannot advise jimmy8 on any legal matters, however. jimmy8 is not his client. jimmy8 will want to consult his own attorney if he wants specific advice, and jimmy8 will want to do this if he thinks that what he has to say could create some legal problems for himself.