How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask richanne96 Your Own Question

richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 133
Experience:  Attorney in private practice in Phoenix, AZ
Type Your Personal Injury Law Question Here...
richanne96 is online now
A new question is answered every 9 seconds

protective order

Resolved Question:

I am a pro se plaintiff in a federal lawsuit who filed "en forma paupers." The case was filed in my state but removed to another state. I cannot find an example of a case where the plaintiff was granted a protective order from having to travel to the other state when a video or speakerphone deposition would substitute. Can you tell me how i could go about defending my motion to quash and protective order? I was wondering if anyone could point me to any similar case, where a pro se plaintiff was granted a motion to quash because of undue expense of the travel expenses of the deposition, and there being available alternatives. Thank you

Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.

richanne96 :

Has the defendant actually subpoenaed you to testify out-of-state? And you filed a motion to quash the subpoena? If so, Rule 45(c)(3)(iv) allows the court to quash or modify a subpoena that "subjects a person to undue burden." This would be your argument. Rule 45(c)(3)(A)(ii) deals with having to travel more than 100 miles. There is a case in Ohio on that -- Avante Intern. Technology Corp. v. Diebold Election Systems, 2007 WL(NNN) NNN-NNNN(N.D. Ohio 2007). However, that rule only pertains to non-parties in the case. The witness in that case also argued undue burden under subsection iv, but the court found that it did not need to go there since there was grounds to quash the subpoena under subsection ii. I would argue that in this case, subsection ii may not apply, but subsection iv does.

Customer:

they filed a notice, not a subpoena

Customer:

when i said somethign about that, they told me that rule only applies to non parties? that since im the plaintiff in the case, i have to go.

Customer:

does the rule hold up for a notice as well as subpoena?

Customer:

i have not filed a motion to quash yet, but plan to today

Customer:

another attorney told me it matters that i originally filed this in my state until they had it removed, is that right?

richanne96 :

No, you do not need to quash a notice. A notice is merely a notice.

Customer:

so i dont quash that? dont i need to object to it?

richanne96 :

Yes, it matter that you originally filed in your own state, the other attorney is right on that.

richanne96 :

You do not need a motion to quash unless they issue a subpoena.

richanne96 :

If you do not show up for their noticed deposition, it is up to them to file a motion to compel you to do so.

Customer:

oh ok, then i dont have to do anything

Customer:

than you

richanne96 :

No, you do not need to do anything, but you should speak with the other side about attempting to schedule your deposition in your home state, and maybe, like you said, setting up a video conference.

Customer:

maybe ill file a protective order though, in anticipation of that..ok thank you :)


 

richanne96, Attorney
Satisfied Customers: 133
Experience: Attorney in private practice in Phoenix, AZ
richanne96 and 13 other Personal Injury Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    784
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    784
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    466
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    363
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    335
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    333
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    328
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    321
    25 years of experience helping people like you.