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John
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can a person be compelled to give a deposition in a civil case

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can a person be compelled to give a deposition in a civil case is there case law and do you have a right to face your accuser in a civil case is there case law
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

Depositions can be compelled under the Ohio Rules of Civil Procedure, Rule No. 27. Similarly, you can compel attenance at trial by way of a subpoena under Rule No. 45 of the rules. You don't need caselaw for this - it's in the Rules of Civil Procedure.


I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Rule 29

After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. The attendance of a witness deponent may be compelled by the use of subpoena as provided by Civ. R. 45. The attendance of a party deponent may be compelled by the use of notice of examination as provided by division (B) of this rule. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Rule 30(A)

- See more at: http://evidence.uslegal.com/discovery/ohio-discovery-law/#sthash.VOTZt9VO.dpuf

Rule 29

After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. The attendance of a witness deponent may be compelled by the use of subpoena as provided by Civ. R. 45. The attendance of a party deponent may be compelled by the use of notice of examination as provided by division (B) of this rule. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Rule 30(A)

- See more at: http://evidence.uslegal.com/discovery/ohio-discovery-law/#sthash.VOTZt9VO.dpuf
Customer: replied 3 years ago.

Thank you that was very helpful....but I did not get an answer to the second half of my question concerning facing an unavailable accuser in a civil case

LaTaunya,

What do you mean by "unavailable accuser", generally you simply subpoena persons to appear. But how is this person not available?

Customer: replied 3 years ago.

the accuser is incarcerated

Ok, so the process is a bit different but you can still order a deposition and appearance at trial by asking the judgefor a motion of leave of court to depose the person, and a motion for the court to order the prisoner's attendance at the trial. Rule 30
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