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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9083
Experience:  since 1983
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I recently settled by mutual motion, with prejudice, a civil

Customer Question

I recently settled by mutual motion, with prejudice, a civil matter in the state of Arkansas. Both parties executed the settlement, with prejudice, and the Judge signed the motion. This settlement included all pending motions and the case at large. I was the defendant and reside in Texas. The matter was a small $ value ($20,000), but exceedingly acrimonious with Plaintiff counsel being constantly counseled by the Judge for overstepping there bounds, and even though this case is fully settled, closed, and finished for all intents, Plaintiff counsel has continued a pattern of harassment, so much so, that the Judge recused herself and the case was assigned to a new Judge who has written to Plaintiff counsel that there is no case law that gives his court any jurisdiction and therefore, without an appeals court granting jurisdiction, he is not allowed to act.
After all this, I was advised that Plaintiff counsel filed back in July a request to depose me, and recently was advised that a Texas constable was attempting to serve me on a case that is closed. He is hanging on to a default judgement that the original judge granted, interlocutory, as there were counter claims filed, due to my Texas counsels Pro Hoc Vice request being granted and his filing of his initial answer in advance of the granting by Arkansas Judiciary his PHV status - by 2 days - and regardless of this technicality , because of the motions and motions (81 in all by Plaintiff) the Judge granted it, but interlocutory, and upon the mutual settlement with prejudice, it was wiped away, and this case closed. Plaintiff counsel has apparently ignored all of this, including the ruling by the new judge, forcing me to file a Professional Conduct Grievance with the Arknsas Supreme Court, which is currently being considered - penalty from admonishment to disbarment.
Sorry for the lengthy detail, but here is the legal question:
Assuming I receive the request for deposition here in TX which will most assuredly (bizzare) request that I travel back to Arkansas to give a deposition on a mutually settled matter, with prejudice, no Arkansas Court Jurisdiction, a pending Conduct Grievance, is there "LAW" on the books off either Arkansas, Texas, or the United States that would compel me to:
A. Attend and participate
B. Not, and as I have spoken to the Court in Arkansas that issued the ruling of no Jurisdiction and also the Grivance Attorney assigned who was stunned as well, and file another Pro Se (both TX & AR defense counsel released upon case settlement) letter to the "Court?" Who did not sign or authorize this deposition request?
I am concerned with getting caught in another "technicality" of not answering or appearing, even though there is no case still open.
I am totally confused by a renegade attorney who is engaging in a calculated harassment and how to handle this while the AR Supreme Court Grivance Attorney finishes his review, and the judge in a court that has already ruled no jurisdiction in this closed matter.
Can you advise or add some helpful advice, PLEASE ?
Submitted: 2 months ago.
Category: Legal
Expert:  N Cal Attorney replied 2 months ago.

Thank you for your question.

They had no right to serve a subpoena outside the state, and if you object within ten days after service of the subpoena requesting documents to be produced at a deposition, they cannot enforce it without a court order, see

https://courts.arkansas.gov/rules-and-administrative-orders/court-rules/rule-45-subpoena

It would be prudent to serve a written objection after you get served. If you want, you can post the subpoena here or email it to***@******.*** and I can look it over for you. Even if it does not request documents, you can still object on the basis that the subpoena power ends at the State line.

I hope this information is helpful.

Expert:  N Cal Attorney replied 2 months ago.

If you email a copy, please write ForCustomeras the subject line so the site will send it to me. I am not allowed to give out my email address.

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