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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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1 more thing. i subpoenaed the file AND oral recordings, they

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1 more thing. i subpoenaed the file AND oral recordings, they said they erased after 30 days..I want to followup for them to state as procedure/co. policy to there fact, they say is policy
Submitted: 9 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 9 months ago.
Hello again,

If you're still in the discovery phase, you can send a Request for Production of Documents asking them to give you a copy of the policy that requires deleting recording after 30 days.

Another option is to cross-examine them about the recording and the policy at trial. However, it usually helps to first get a copy so you can better prepare which questions you want to ask them.
Customer: replied 9 months ago.

they're in Texas.. the rep., the file. I wish to followup as possible non-compliance to the subpoena

Expert:  Lucy, Esq. replied 9 months ago.
If the subpeona is directed at the company, who is a party to the action in PA, you can compel them to comply. That would mean filing a Motion for Contempt of Court, asking the judge to penalize the company for not complying with the subpeona.
Customer: replied 9 months ago.

chevy dealer is independant, but is G.M.cust. service who i complained to/served to G.M.'s legal dept. They are not a defendant

Expert:  Lucy, Esq. replied 9 months ago.
Thank you for clarifying that. You wouldn't send a request for production of documents to a non-party.

Since GM operates in PA, they're subject to the court's jurisdiction in PA. That means that you can still file a Motion for Contempt if you serve a PA subpeona on the company in your state and they do not comply with it. Any documents held in Texas by an office of the company would be considered to be within GMs custody, possession or control.
Customer: replied 9 months ago.

sq. 1, on the idea of getting the rep. to answer a ques. as if in Pa...What difference where she sits her butt. it is the co.'s locale that matters?? No go, to that? Also, G.M. can be forced to comply w/ the co. policy info. in writing, though the legal dept. is out-of-state?

Expert:  Lucy, Esq. replied 9 months ago.
What matters is jurisdiction. A court has jurisdiction over a person where that person lives, works, or spends time regularly. For example, if I live in PA, but my parents live in New Jersey, and I drive to New Jersey once a month to see them, the New Jersey courts could have jurisdiction over me in some situations (but not all). But if I never go to Ohio, then an Ohio court can't tell me what to do. They don't have jurisdiction.

A company is subject to jurisdiction anywhere that they operate and have a registered agent for service of process. For big companies like GM that have stores and work in every state, jurisdiction will be everywhere.
Customer: replied 9 months ago.

had to leave, but is the issue of where the person works preference,as to the co.she's employed? The info. I need happened w/company behalf,company employee info...I called the co., G.M.cust service, she picked up. They have overseas cust serv. reps. also. She intervened for the co., regarding a business of co. She should've included that info in my file,told me she did..a co. file

Expert:  Lucy, Esq. replied 9 months ago.
It's really an issue of a person versus a company. The judge can order a company to produce records and to send someone to court to talk about those records. There are usually any number of people within an organization that can attend court or look up and copy records. The judge may not order that the company take that particular individual, who is not a director or officer of the corporation, and order her to travel to PA. Even if they do, they can't physically pick her up and put her on the plane, so that doesn't necessarily mean she'll be there.

It is possible to send the subpeona to the company and ordering them to produce that individual in the state of PA on a specific date and time. But they would most likely move to quash it. Also, if you did do that, it would have to be for the trial, not the deposition - because if the judge can order them to produce her in the state once, he can order it again. At that point, she's not legally unavailable to testify and you wouldn't be able to use her deposition testimony in court. The hearsay exception that allows you to use her deposition at trial doesn't apply if you had the option of compelling her attendance.
Customer: replied 9 months ago.

since she didnot write the1 answer down,there is no one else to give upp that info. That is why i'd depose her in writing,and serve the co.'s legal dept., preferably. 2ndly if not, her at trial would be good,since she'd be under oath. Ques. if I served her deposition ques.'s your saying she should have to answer by law of Pa., a Pa. subpoena sent to Texas

Expert:  Lucy, Esq. replied 9 months ago.
It would be better to have her at trial, yes. Much better, because she is under oath and you can avoid the hearsay issue.
Customer: replied 9 months ago.

yet, if she did answer the ques. in writing, i'm good. It's in writing, so why not ask her to, you said i can do that and she should answer that subpoena, by law. You said that?right. tell the G.M. to save the problem if I subpoena her for court

Expert:  Lucy, Esq. replied 9 months ago.
I said that you can ask the judge to order them to produce her for trial.

If she answers the question in a written deposition, because she lives out of state and cannot be subpoenaed, the written deposition can be entered as evidence. If just writes a statement and submits it, that is hearsay and it is not admissible without a relevant exception.
Customer: replied 9 months ago.

got that of hearsay, i'll research that for sure 1st. otherwise, i'd request her for trial. Also, still i could serve my contempt of court to produce their policy of recorded talk of file same time as deposition to them, to be prepared for court. She could lie or forget by then. Cool, my file extends to this August with no say so of closing the file. Sounds like a lie to me. I misread the file. i believe they closed it 8/7 but my last 2 calls, early Aug. and late July were a request of my file also that i did earlier subpoenaed them for it. this 1st one of 7/8 asked for the tapes also of my file. i did it wrong by not including a Cert. of Compliance w/it. I was told to reissue another 1. I did. But I still called and asked for them to obey it, if they would, and if they even got the document? It is recorded in my file 2x. So they must have deleted the tape recordings after this as my file was ongoing then. So they knew i wanted the tapes I even e-mailed them as to why, that is recorded intact. POINT is can I say this bit of INFO in My contempt of Court for their policy, when they start their 30 days, and that time I had allready subpoenaed that, and e-mailed &called for it.. Who's to say I still would've followed up that 1st one w/ a Contempt of Court, right

Expert:  Lucy, Esq. replied 9 months ago.
If you had a subpeona that they did not comply with, you can serve the Motion for Contempt at any time. It's not necessary to wait. If you're trying to get the judge to force them to give you evidence that they are withholding, it is usually better to file the motion sooner, rather than you.
Customer: replied 9 months ago.

hi, may i include that in my contempt,they erased tapes even under subpoena and sought to get them to comply

Expert:  Lucy, Esq. replied 9 months ago.
If you can prove that they erased the tapes in order to avoid producing them and not within the ordinary course of business, that is something that can be mentioned.
Customer: replied 9 months ago.

1 last thing, for the written deposing..you saidi do that by getting a subpoena with that?

Expert:  Lucy, Esq. replied 9 months ago.
Yes. If a person just sends someone a list of questions and asks that they be answered, and that person is not a party to the case, without a subpeona, there is nothing in the law that requires them to do it.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19516
Experience: Lawyer
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