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Lucy, Esq.
Lucy, Esq., Attorney
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if you recall my ques. of a deposition of rep. in Texas, to

Resolved Question:

if you recall my ques. of a deposition of rep. in Texas, to be in writing, how to do it legally to ques. Is there a need for the court to ok the document as legal, then mail
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Are you asking if the court needs to approve the written deposition questions before you send them?
Customer: replied 10 months ago.

yes if a form also...and to tell the rep. it is legal not to lie and so maybe required to answer.

Expert:  Lucy, Esq. replied 10 months ago.
The judge doesn't have to review the document before you send it. Deposition questions are not filed with the court, just like a transcript of a live deposition wouldn't be filed.

Deposition questions are answered under oath, so it would be perjury to lie. Ordinarily, a person who refused to answer a question could be compelled to do so, with a few exceptions. The problem is, since your witness is in Texas, the judge in your state wouldn't be able to order her to answer a question if she declines to do so. Hopefully she won't do that.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19895
Experience: Lawyer
Lucy, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

so I write it up/as a depostion w.ques. but she doesn'thave to answer. If by phone is that done at the court as if under oath and how is that setup? my best way, i guess to comply

Expert:  Lucy, Esq. replied 10 months ago.
If you were to set up any sort of video/phone deposition, that can be done at any location. It's not done at the courthouse. Usually, depositions are taken at the office of the attorney taking the deposition (or it could be opposing counsel if a party is unrepresented and they agree).

It's unfortunately the same situation. If you ask her a question and she refuses to answer, you don't have the ability to compel her to do so. But if she's agreeing or volunteering to do it in the first place, it doesn't make a lot of sense that she would then refuse to answer questions.
Customer: replied 10 months ago.

the G.M. rep. has a legal dept. i spoke to. can i refer the ques.'s thru them to compel answers in writing. How is it I compel her to answer IF she was in Pa. here? For sworn under oath. why the value to be here and not Texas to make her answer? if i went to Texas she'd have to comply?

Expert:  Lucy, Esq. replied 10 months ago.
The company that you're suing doesn't have any incentive to help you prove your case against them. You can ask them to produce evidence within their possession, custody or control, but they would not likely help you compel testimony from an out-of-state witness. Since she's not technically under the company's control, the judge also would likely not order them to force her to help you.

If she were in Pennsylvania, you would simply obtain and serve a subpeona from the court where you're suing. If she refused to comply, you would ask a judge to hold her in contempt of court. If necessary, the judge could throw her in jail until she answered the question. The problem is that a PA subpeona isn't enforceable in Texas and to get a Texas subpeona, you need a pending court case. You'd also have to travel to Texas for a contempt hearing, so that all gets very expensive and time-consuming.
Customer: replied 10 months ago.

i have a court date. The subpoena is for her to answer in writing to a deposition or to appear in a office to do the same? for her i need a Texas subpoena, is the way for her to comply???? A subpoena for a deposition then the person has to respond?

Expert:  Lucy, Esq. replied 10 months ago.
The PA court doesn't have jurisdiction over her. That's the problem. There would have to be a court order from a Texas court to compel her to either respond to a deposition request or appear at a deposition.
Customer: replied 10 months ago.

sq. 1.. a depostion needs a subpoena for a person...for writing i attach the form/ques.'s of person? i could do this for out of state rep.,hoping she'd reply to the ques.'s..she might and they are innocent ques.'s of memory she did tell me before said it was in the file but wasn't.. but won't now since i said i had a legal issue

Expert:  Lucy, Esq. replied 10 months ago.
Yes, that is an option.
Customer: replied 10 months ago.

that's the way to serve a deposition, all at 1 time,w/the subpoena, mailed? and hope she'd answer. can't hurt to try. If so, can u tell me how to write it up, a deposition for this? caption, title? then the ques.'s,so on??

Expert:  Lucy, Esq. replied 10 months ago.
I'm sorry, but the terms and conditions of the site prohibit me from assisting you in writing a deposition. If there is a law library near you, you can find sample questions that might be used.

There is no reason that a person couldn't include written deposition questions with a subpeona directing a witness to respond to them.
Customer: replied 10 months ago.

okay, what a mess to get a simple answer, i actually recorded her saying the answer. i know i did wrong..i actually asked her if it was in file too,her answer, and she said yes it is. So i subpoenaed the file, she was lazy, to not include it i guess..yet she agreed to it as fact

Expert:  Lucy, Esq. replied 10 months ago.
I'm sorry it's so complicated. When you start crossing state lines, then it makes things more difficult.
Customer: replied 10 months ago.

yes, i'm starting a new ques.

Expert:  Lucy, Esq. replied 10 months ago.
Ok. Good luck with this.

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