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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i live 1,000 miles away from the federal court. I filed en

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i live 1,000 miles away from the federal court. I filed en forma papers. The defendants are demanding i fly there for a deposition, and go to their offices to do it for two days. WHat are my options? Can I ask for a phone conference du eot my financial status? if not, can i state I do not want to have the deposition in their office, but a neutral site? thank you

Thank you for your question.

Are you actually in a different state than the court where you filed the lawsuit?
Customer: replied 3 years ago.

i filed it in my state, however it was removed by the defendants to a federal court in ohio. However ive been allowed to electronic file so ive been doing very well from here. We have had 2 phone conferences with the judge and lawyers, so i figured that would be allowed.

Thank you.

What you need to do in this situation is file a Motion to Quash.

Have they served a notice on you for your deposition yet?
Customer: replied 3 years ago.

no, it was a casual email


The court is not going to force you to fly to Ohio when you filed in your state and it was the Defendants who removed it.

You need to communicate explicitly to the Defendants that you are not agreeing to fly to their offices so that they can take your deposition, and if they attempt to notice you at their offices, you will quash the notice immediately and move for a protective order. Tell them that you can be deposed where you live at your house. You do not have to incur any expense for them.

Also, you may pre-emptively obtain a ruling from the court by filing a Motion for Protective Order asking the court to require the Defendants to depose you where you live if they are going to depose you at all.
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Customer: replied 3 years ago.

great job, they backed down now, after making it look like i had no choice but to fly are great...ya to be the next president of the united states man!!!