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subpoena rights?

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L

laniec

Guest
I think I am going to set a subpoena regarding a lawsuit between an old employer and their agent. I was an accountant at the company. (not an officer) The subpoena will come from Minnesota and I live in California. Questions- Can they make me go to Minnesota for a deposition and/or trial? If yes will they have to pay for all travel and time off work? Can I make them depose me near my home? Any hope of getting out of this? Will I need an attorney even though I don't know anything and it was from over two years ago? Any help would be appreciated.
 


I AM ALWAYS LIABLE

Senior Member
laniec said:
I think I am going to set a subpoena regarding a lawsuit between an old employer and their agent. I was an accountant at the company. (not an officer) The subpoena will come from Minnesota and I live in California. Questions- Can they make me go to Minnesota for a deposition and/or trial? If yes will they have to pay for all travel and time off work? Can I make them depose me near my home? Any hope of getting out of this? Will I need an attorney even though I don't know anything and it was from over two years ago? Any help would be appreciated.
My response:

What does this mean:

"I think I am going to set a subpoena regarding a lawsuit between an old employer and their agent."

IAAL
 
L

laniec

Guest
Well.. There was a voicemail on my machine from a law office in Minnesota. The message said we are so and so and their is a lawsuit between so and so and we want to subpoena you so please call us back. I thought this was strange. I have been subpoenaed before but they just did it and did not call me first. I am assuming I will be served any day now.
 

I AM ALWAYS LIABLE

Senior Member
laniec said:
Well.. There was a voicemail on my machine from a law office in Minnesota. The message said we are so and so and their is a lawsuit between so and so and we want to subpoena you so please call us back. I thought this was strange. I have been subpoenaed before but they just did it and did not call me first. I am assuming I will be served any day now.
My response:

Every State is "sovereign" and protects it's citizens. In other words, unless you currently have "minimum contacts" with, or voluntarily agree to subject yourself to, the "jurisdiction" of Minnesota, their Subpoena being served in California is meaningless; i.e., California's sovereignty will not allow you to be involuntarily compelled, forced, or dragged across State lines if you don't want to go. Please also reference the 11th Amendment to the Federal Constitution.

If they want to "depose" you, and you wish to allow it, then they can come to you. DO NOT set foot in Minnesota, because if you do, you're subject to Minnesota's "jurisdiction" and can, then and there, be subpoenaed to appear at trial in their State - - even if you go back to California.

So, if they want your testimony, and you're willing to give it, make them come to you. Just be aware that you are NOT compelled to agree to be deposed. You can, if you want, tell them to "go jump in one of those 10,000 lakes."

IAAL
 
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I AM ALWAYS LIABLE

Senior Member
HomeGuru said:


**A: what happened to the too sexy routine.

My response:

You're right. Here goes - -

I'm too sexy for my love, too sexy for my love
Love's going to leave me

I'm too sexy for my shirt, too sexy for my shirt
So sexy it hurts
And I'm too sexy for Milan, too sexy for Milan
New York and Japan
And I'm too sexy for your party, too sexy for your party
No way I'm disco dancing

I'm a model, you know what I mean
And I do my little turn on the catwalk
Yeah, on the catwalk, on the catwalk, yeah
I do my little turn on the catwalk

I'm too sexy for my car, too sexy for my car
Too sexy by far
And I'm too sexy for my hat
Too sexy for my hat, what d'you think about that

I'm a model, you know what I mean
And I do my little turn on the catwalk
Yeah, on the catwalk, on the catwalk, yeah
I shake my little touche on the catwalk

I'm too sexy for my, too sexy for my, too sexy for my

'Cause I'm a model, you know what I mean
And I do my little turn on the catwalk
Yeah, on the catwalk, yeah, on the catwalk, yeah
I shake my little touche on the catwalk

I'm too sexy for my cat, too sexy for my cat
Poor pussy, poor pussy cat
I'm too sexy for my love, too sexy for my love
Love's going to leave me

And I'm too sexy for this song

IAAL
 

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