I was sued in a "Civil Case" in March with interogotories, answer due 4/8 by attorney.Today I was served with a "Deposition Subpoena at the end of May for 2 days or more" andto provide more documents...Now is this 'LEGAL" IN CALIFORNIA? I have an attorney, shouldn't he get ALL documents?
Country relating to Question: United States
State (if USA): California
your service once, answer contradicory to me.
my attorney not available.
Hi and thank you for using JustAnswer!I am sorry to learn of your experience. Please clarify: has your attorney filed his/her appearance in the case to let the other attorney and court know that s/he is representing you?
He has called the "Plaintiffs Attorney", my attorney has until Tues 4/8 to file answer.
What will happen if I do not appear for a "Deposition Subpoena?
Shouldn't my Attorney receive all documents?????
Thank you. A telephone call is not sufficient for your attorney. This is why items are still being served on you.Only when your attorney files its appearance with the court, then the plaintiff's attorney will start directing materials to/through your attorney.If you do not appear for the deposition subpoena, then they can seek an order to show cause against you for contempt of court.Be sure to give the subpoena to your attorney for follow-up.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Could I go to "JAIL" if I do not appear at a "Deposition Subpoena"....
Sorry, but your answer "contradicts" Brandon M. He said "a defendent DOES NOT
GET A "DEPOSITION SOBPOENA" IN A CIVIL CASE....Sobpoena's are served on peo
ple for the case but NOT THE "DEFENDENT"
If the judge finds you in contempt of court, you can be held in jail until you agree to testify at the deposition. That is called civil contempt of court.
If I go, could I just plead the 5th for ALL questions???
If I go, could I just plead the 5th for ALL questions??? "The DEPOSITION IN QUESTION IS AT AN ATTORNES OFFICE NOT THE COURT.....THERE IS STILL CONFUSION
BETWEEN TWO ATTORNIES FROM YOUR SERVICE.....PER BRANDON M. HE SAID
AGAIN, I REPEAT..PER CALIFORNIA LAW, NO "DEPOSITION SUBPOENA" CAN BE
SERVED ON A DEFENDENT, WHO IS CORRECT????
I'm not sure if you saw my earlier answer.I'll try it again. If the judge finds you in contempt of court, you can be held in jail until you agree to testify at the deposition. That is called civil contempt of court.If the answer to a deposition question would result in you admitting to a crime, then you can assert the Fifth Amendment and refuse to answer the question.If the answer to the deposition question would result in you revealing legal advice given to you by your personal attorney, you can refuse to answer the question based upon attorney-client privilege.Otherwise, you have to answer all other questions.
THERE IS STILL CONFUSION
A defendant can be required to testify at a deposition. There is no confusion on that front.Brandon M. suggested that it was clerical error for the plaintiff to schedule your deposition using the deposition subpoena form instead of just issuing a notice of deposition.However, in your situation, there is no legal significance to that distinction. It's like six of one and a half-dozen of another. In the facts you describe, it still accomplishes the same thing. It's just a different form. Again, give it to your personal attorney.I hope this helps to clarify things.
One last question......
This entire lawsuit is from my sister whom I haven't spoken to in 5 years, family entirely estranged, however, my mother left me "person to contact in case of emergency", she had a "stroke", never recovered, my sister is a "control freak" and my attorney said this
is a "vendetta to punish me", can my attorney said "I have NO fiduciary duty to answer i.e. where her dog is, where her art work went, I donated all as my mother and spoke
about "what if", so my sister is "furious" because she did not have "control".....he said
i don't have to discuss anything in the "original summons and interogotorries".....unfortunately, he is not available to respond to me what was served
today......he is going with the ""punishment/vendetta response on the 5/8....
You seem very knowledgeable....is he correct????? Still, shouldn't he have received
these papers today???? Thank you!
Thank you. Your attorney cannot say that you do not have a fidicuary duty to answer the legal pleadings. He can argue that the case is frivolous, etc. but the papers still must be answered/responded to.Separately, as I previously said, your attorney should not have received the papers because he has not filed his appearance in your court case yet. Only when he files his appearance with the court will he start receiving the papers in the future.
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