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A.J.
A.J., Attorney
Category: Personal Injury Law
Satisfied Customers: 4186
Experience:  Licensed to practice law, I gained experience in personal injury law working for the CTA
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Hello, I just want to make sure of something, as tomorrow is

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Hello, I just want to make sure of something, as tomorrow is the deadline ( if there is one). The defendants in my case filed NOTICE of hearing, wherein they invited everyone to come to the hearing where I was to be deposed in a state 1,000 miles away. They know i cannot afford that, and wont bend on my offer of doing teleconference. I know i have three days to file for a protective order or motion to quash (if it were a subpoena). I know they wouldn't have filed the notice for no reason since they know I am not going to travel there for something that can easily be done via speakerphone conference (they've been tricky in the past), so im wondering if I should do something or not. Can you tell me what they could possibly have planned and if this needs a response at all? thank you
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  A.J. replied 1 year ago.
Hello, my name is XXXXX XXXXX thank you for using Just Answer.

Is this in relation to a personal injury lawsuit?
Customer: replied 1 year ago.

yes, its a federal lawsuit, been in the court for a year now

Expert:  A.J. replied 1 year ago.
Ok, thank you for the extra information.

And just to clarify, you were not subpeonad to appear, just a notice of the deposition was filed?
Customer: replied 1 year ago.

yeah, a notice alone, not subpoenaed (it said Notice of hearing).

Expert:  A.J. replied 1 year ago.
Ok, and one more (I hope) question. This "hearing" that was set, was this a date set by the court or by the opposing party? In other words, is it an actual hearing in front of a judge and scheduled by the clerk of court, or just a date that the opposing party has set?
Customer: replied 1 year ago.

it is a hearing they set..no court order..they are trying to pressure me to come up there.

Customer: replied 1 year ago.

im sorry, i was reading it over again, and its a notice of deposition

Expert:  A.J. replied 1 year ago.
Ok, thank you for providing extra information. Ultimately what this comes down to is whether or not failing to appear could jeapordize your case or defense (depending on whether you are the plaintiff or the defendant). If there has been a hearing date set with the court, and you are unable to appear at the hearing, you would be wise to file a motion for permission to appear by phone (or video-conference) or have the hearing conducted by phone. Your read on the situation is probably correct, that they are just trying to force you to show up. However, where a hearing is set on the court's schedule, and has not been challenged by the non-moving party, if one party fails to appear, or tell the court that they cannot appear prior to the hearing, then there is a risk of default in favor of the other party.

Now, the strange thing is that depositions are not usually set as a "hearing," and are not conducted in a courtroom in front of a judge. Consequently, it is a little unclear why they would have filed notice of hearing unless this actually is a hearing scheduled in front of a judge. If that is the case, it would be in your best interest to file a motion either requesting that you be allowed to appear by telephone. In the absence of a court order requiring you to appear, at the very least you are not committing contempt, but both parties are generally required to appear at any hearing scheduled in front of the judge, or provide a reason why they cannot appear. So, your first step might be to check with the clerk of court to see if this is an actual hearing scheduled in front of the judge and, if so, to see if it is ok to appear by telephone to explain that you cannot travel 1000 miles to be deposed in person. It may be that you will actually need to file a motion requesting permission to appear by phone, but sometimes the clerk's office can just have it arranged without the need for a motion.

Does that distinction make sense? Basically, if this was just a notice to all parties that a deposition is supposed to happen, then not appearing may not cause any problems. If, however, the notice was for a hearing that has been scheduled with the court in front of a judge (even if there has been no court order to appear), then it would be wise to in some way communicate with the court so that you are not failing to appear at a hearing .

I hope this helps, and let me know if you require any additional information or need clarification of anything that I have said (never be afraid to ask for clarificaiton!). Otherwise, please remember to RATE my answer so that I can receive credit for my work.
Expert:  A.J. replied 1 year ago.
Ok, that makes a little more sense. If it is a notice for deposition, and not a hearing in front of the judge, and there is no subpeona and court order requiring you to physically attend, then it may not be a problem. Now, again, it always is a good idea to be on the safe side and respond to things that are filed with the court, or at the very least have an attorney locally review the notice to make sure there is nothing you need to respond to. However, if it is not a hearing in front of a judge, and there has been no court order issued requiring you to appear, then there may not be anything to respond to.
Customer: replied 1 year ago.

thats a great response, thank you...i had read it wrong, it wasnt a hearing, its a notice of deposition. I assume I dont have to attend. But should i file an objection to it?

Expert:  A.J. replied 1 year ago.
You are most welcome. Without being able to actually read the notice, and this being an informational site only (meaning I cannot give direct legal advice), it is difficult for me to say. My general rule of thumb is to file a response to everything that I am concerned about, but others might call that overkill. Generally, I believe if there are grounds to object go ahead and do so, but in such a situation my advice would be to sit down with an attorney licensed in your state in person, preferrably one who is familiar with the court (and even the judge) that you are dealing with.

I hope this helps further, and let me know if you need any additional information. Otherwise, please remember to RATE my answer so that I can receive credit for my work, and I wish you the best of luck in resolving this issue in your favor.
A.J., Attorney
Satisfied Customers: 4186
Experience: Licensed to practice law, I gained experience in personal injury law working for the CTA
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