Jurisdiction

[just_mike70]

What is the name of your state? IL

I lived in Illinois until 15 months when I moved to another state. I was named as a party in a civil suit in Illinois. It was a counterclaim actually. It was intended to harass me into helping the second party.

Nonetheless, I answered two sets of interrogatories, but now the attorneys wish to depose me. They are willing to come to me in my current state of residence. I have a balked, but I have not said no. It will be hostile to say the least.

They have threatened to "have the court assist them" in making me show up for this deposition.

My question is what can the Illinois civil court do in this matter? If they issue an order for me to appear, can they force me back to Illinois, or somewhere here? Can I file a counter motion of some sort? What can they do to me if I just ignore it? I won't, but I doubt they will send Illinois State Troopers. Will they and can they issue a default judgement against me?

Thanks,

Mike

 

[tranquility]

Unlike a third-party subpoena to a person in another state, you are a party to this lawsuit. The IL court has jurisdiction over you. The court can fashion many remedies for violation of discovery orders. Judges are very effective at finding the proper pressure point to make people do stuff although sending IL troopers into other states will not be one of them.

I won't go into the whole process as it varies between courts. Generally they will notice you for the depo. If you don't attend, they will either meet and confer or make a motion to compel. (Depending on the court's rules.) You will answer the motion, although I don't see you having a valid argument as to why you shouldn't be deposed--especially when they look like they are making accomodations. The court will then find on the motion. Failure to follow the court's order will result in sanctions.

Unless you are a grizzled old ex-green beret who wants to live off the land for the rest of your life, the judge will find a sanction that will make you *want* to cooperate.

Info edit:
You may also be assessed costs and attorney's fees if you oppose a motion which you later lose. Remember, you are not the first person who hates the opposing side in a lawsuit. If the court system relied on good will, nothing would get done. The courts know this and have many ways to insist.

 

[just_mike70]

Thank you....

Well, I very much appreciated your post and demeanor. It was very sound advice.

I am not a grizzled old Green Beret enjoy normal creature comforts, and I will voluntarily comply. I am a pretty reasonable person and don't need to ruffle any feathers where feathers need not be ruffled.

Great sense of humor.

Thanks again,

Mike

 

[weenor]

And yes, one possible sanction is a default judgment along with attorneys' fees and court costs.

 

[just_mike70]

Thanks Weenor,

I just emailed the attorneys and gave them some dates when I could be available.

Mike