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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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I am in CA, and I have an open Workers Comp Case. I am representing

Resolved Question:

I am in CA, and I have an open Worker's Comp Case. I am representing myself because no local or nearby lawyer wants to take on my former employer.

I have a list of witnesses that need to be: 1) located; 2) briefly interviewed to ensure they will still testify to the events; 3) served subpoenas.

I need the subpoenas typed up with the trial date left blank until after the Stipulation & Evidence Hearing on 9/13.

I need to get a statement under penalty of perjury from a professional witness. How do I go about doing that? Even if it is not voluntarily given.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service.

Well, first off, JustAnswer experts cannot create subpoenas for you, as that would constitute legal representation instead of legal information. Also, even if a one stop shop existed for this type of thing, I couldn't recommend it to you per JustAnswer rules and California State Bar rules.

I can, however, provide you with an answer to your second question and would be happy to answer any follow up or clarifying questions that you have.

You cannot involuntarily record someone in California, and if you were to do so it certainly wouldn't be under penalty of perjury.
That is illegal, and wouldn't be able to be used as evidence.

http://www.nfl.com/fantasyfootball/story/0ap1000000230137/article/mock-draft-steven-jackson-matt-forte-on-the-rise

What you need to do in order to get a statement under penalty of perjury is to depose the witness. I'm not sure what you mean by professional witness though. If they are relevant to the case, then you have the right to depose them. If they are expert witnesses, the only way to get them to testify for you would be to pay them, since they cannot be subpoenaed if they are not relevant to the case.

I'm sorry that you're going through this process alone. It would definitely be best to hire a workers' compensation attorney, as it is extremely difficult to do any type of case as a non-attorney, especially a workers' compensation attorney.

It does seem like a P.I. or investigator could also help you, although good investigators tend to work with attorneys. As a last resort, you can try interviewing witnesses yourself, if they are willing to talk to you.

Customer: replied 11 months ago.

I never said anything about secretly recording anyone. I know a Depo has to be done on him, but being a non-attorney I needed to know how to do that or get someone to do it for a reasonable price. Already know it would be much better if I had an attorney, but none of the local or nearby worker's comp attorneys want to go up against my former employer. Even the PI back away when they find out who the defendant is.


I am sorry, but you really weren't any help to me.

Expert:  Joseph replied 11 months ago.
You need to file and serve deposition subpoenas in order to schedule and have a deposition. (The only person that could do this for you is an attorney. Non-attorneys are not allowed to conduct depositions).

Here is the California Courts website, where you can find the deposition forms (for personal appearance) as well as the other subpoena forms that you need.

I hope that is helpful.

Again, please let me know if you have follow up or clarifying questions.
Customer: replied 10 months ago.


But what if you are acting as your own attorney. Isn't there some way in a Worker's Comp Case to accomplish this?


 


There's a lot of Applicants that end up representing themselves in these kind of cases. It's weird, they are not like normal courts. Are you a Worker's Comp Attorney?

Expert:  Joseph replied 10 months ago.

Hello Gail,

 

Apologies for the confusion, I meant the only other person other than you that can do this is an attorney.

You can conduct your own depositions when you are acting as your own attorney.

You had just mentioned about whether you could get .someone else to do it for a reasonable price. In response to that question, you can only get an attorney to take depositions.

Taking depositions is the practice of law and only attorneys or self-represented litigants can do it.

The link I had sent you earlier apparently didn't make it through, it is here:

http://www.courts.ca.gov/formname.htm

 

 

Customer: replied 10 months ago.


Thanks for the website. It's great because you can type on the form. I do have one other question for clarity sake.


 


This is a Psychologist, I wanted to depose him at his office but the form seem to indicate that he must appear elsewhere. Can the location for the depo be at his office?

Expert:  Joseph replied 10 months ago.
In order to have the deposition at his office, he would have to consent to you having the deposition there, as would the defense (your employer).

He may not be comfortable having a deposition taken at his office (or it may not be large enough to accomodate all parties), so you will probably need to have the deposition taken elsewhere. Typically, depositions are conducted in conference rooms, which have enough space for lawyers, court reporters and the two parties.
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.
Hello Gail,

Please let me know if you have any follow up or clarifying questions.


If not please remember to rate my answer positively so I get credit for my work.


Thanks and best of luck!

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