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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36927
Experience:  30 years in civil, probate, real estate, elder law
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I received a subpoena deposit. It says i am to come

Customer Question

Hi i received a subpoena for a deposit. It says i am to come as a witness to testify in a civil lawsuit filed against my previous emploer since i was once the store manager 5 years ago. Is there a way for me not to come for fear of self incrimination?
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight. The best here you can do is call the lawyer and tell him that you have no recollection of anything involving his client.There is nothing they can do when you answer I don't remember. If you don't appear they could try to hold you in contempt .But certainly telling them up front what you will testify too here may get them to change their mind.Remember there is no penalty here for a bad memory.That would amount to the the same thing --you don't say anything other than I cannot remember.
Expert:  Ray replied 8 months ago.
Range li9mits for subpoenas Rule 176.3 Limitations. Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served
Expert:  Ray replied 8 months ago.
Rule 176.6 Response.Compliance Required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition hearing, or trial from day to day until discharged by the court or by the party summoning the witness.Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.Production of Documents or Tangible Things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty’s production of a document authenticates the document for use against the nonparty to the same extent as a party’s production of a document is authenticated for use against the party under Rule 193.7.Objections. A person commanded to produce and permit inspection or copying of designated documents and things may serve on the party requesting issuance of the subpoena – before the time specified for compliance – written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made.Protective Orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things, and any other person affected by the subpoena, may move for a protective order under Rule 192.6(b) – before the time specified for compliance – either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed.Trial Subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e).Rule 176.7 Protection of Person from Undue Burden and Expense.A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.
Expert:  Ray replied 8 months ago.
I appreciate the chance to help you, if you can positive rate it is always sincerely ***** *****

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