Alex What does it mean to be subpoenaed for a deposition?
A subpoena is nothing more than a legal request by either a court or a party to a lawsuit that a person appear in court or other legal proceeding. Subpoenas often not only request that a person appear to testify at a deposition, but also that the recipient bring documents with him or her to the deposition.
Can a person be served with a subpoena?
While many subpoenas are “served” (i.e., legally delivered) personally by someone handing you the documents, some are delivered by mail. So it’s possible that you could receive a subpoena that is for a prior resident or a neighbor. Verify that the person listed on the subpoena is in fact you before worrying about the rest.
Do you have to have a stenographer for a deposition?
All depositions will be accompanied by a stenographer, who will type into a special machine to transcribe the deposition into words. Sometimes deposition audio and/or video will also be recorded; if so, your deposition notice should give you advance warning.
Do you have to answer questions in a deposition?
At minimum, a deposition is just the deponent (you) being asked questions by an attorney, recorded by a stenographer or other recording device. While there is no judge, jury, or maybe even other lawyers at a deposition, your answers to questions in a deposition are under oath.
What does it mean to be subpoenaed in a deposition?
A deposition subpoena means that your sworn testimony will be taken during a phase of the trial process known as discovery, and will likely occur at a lawyer’s office. Subpoenas may be issued by the following people involved in the legal case associated with the subpoena: the judge presiding over the legal proceedings
Do you have to appear in person for a subpoena?
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
What happens if you refuse to give a deposition?
A subpoena is a written order that compels a party to provide testimony on a specific issue pertaining to a case. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.
What happens if I fail to respond to a subpoena?
If you fail to respond with the requested documents the party seeking the deposition can ask for you to be penalized, sanctioned or held in contempt. If you are unable to respond, then you should indicate the reason, in writing to the proponent of the deposition or subpoena.