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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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May special master(appointed by the court in civil case) be

Resolved Question:

May special master(appointed by the court in civil case) be subpoenaed by party to give depositions in the case where he provided service as special master?
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

The answer to your question is, yes, anyone can be subpoenaed to provide relevant and admissible testimony in a case. If the person does not want to testify, they will have to separately go to court and file a motion to quash your subpoena and explain to the judge why they should not be forced to testify at the deposition.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

Thank you for your response. Would you have/provide any legal references (statute, cases) in support of subpoena special master for deposition in case where special master is in status of special master? It's my understanding that special master appointed by court has a "special" status and in case of subpoena and motion to quash it, courts would grant motion to quash.

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. In other words, are you asking the special master to provide deposition testimony in the same case they preside over as a special master?
Customer: replied 1 year ago.

Yes (I am not sure, actually). Special Master was doing research. But Special Master has already submitted her Report to the judge and discharge from her duties. I need her to provide evidence which she used to prepare her report, ask about procedures of experiment she witnessed, the names of alleged witnesses she talked to. None of this information is reflected in her Report. It's even difficult to properly object.

Expert:  JB Umphrey replied 1 year ago.
Thank you. Under those circumstances, it would not be proper to subpoena the special master. The master speaks through their reports. If the report is lacking, it's for the judge to order the special master to take additional steps. There is no legal means for a party to compel the special master to provide deposition testimony. Similarly, it's not possible for a party to require a judge to submit to a deposition in the case the judge is presiding over.

You can argue to the judge that the report is lacking and incomplete. You cannot, however, cross-examine the special master.

I hope this helps to clarify things.

~~ J.B.
Customer: replied 1 year ago.

I do appreciate your answers. I am pro se and need to respond/object to special master report in about 2 weeks. The report is so unfair, incompetent and misrepresents even simple facts (in re: my cooperation with special master; contentions of parties etc.),that I think the situation is extreme. I need a lawyer to take a look of it. May/can you do that? (it's under 40 pages).


 

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. Unfortunately, the site rules of JustAnswer do not allow for such reviews to occur. You may want to scheduled a one-time consult with a local attorney to review your draft prior to submission.

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 3 other Legal Specialists are ready to help you

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