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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I am a Texas resident. I own shares in a Nevada Corp. that

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I am a Texas resident. I own shares in a Nevada Corp. that sued another shareholder and a third party. I am not a party to the suit, nor am I an officer or director of the corp. I was recently served a Subpoena Duces Tecum for a deposition. The location of the deposition is in a county that i don't work in and I don't live in, and it's over 100 miles both from my work and my home. They served me at my work.

How do I quash the subpeona? Someone told me that Texas rules apply because they served me here and they want to have the deposition here. Is that true?
Thank you for your question.

You were provided correct information. Likely the long arm statute of Nevada does not apply, and since you are beyond the 100 miles, if they wish to deposition you, they must either do so in Texas, or pay for your reasonable expenses and time when you are requested to travel to Nevada. You cannot quash the subpoena other than by claiming defective service under the rules of procedure in Texas, although serving you at work is valid and permitted. You can demand that the deposition take place where you reside as it is otherwise inconvenient for you to appear and make it to the original state where the suit is taking place.

Good luck.
Customer: replied 5 years ago.
They deposition is scheduled for Texas. It's just that they want it in a different county more than 100 miles from where I live and work.
In that case you can deny their request and demand that they either have the deposition where you reside, or they pay you for time, expenses, and trouble of going to the other county for this request.

Good luck.
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