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I don't think they can do that -- give a notice the weight or same effect as a subpoena simply by writing that on there. Also, I saw somewhere that you said it was a notice of hearing. Likewise, a deposition is not a "hearing." Remind me what district court you are in.
im in Ohio.it is a "Notice of Deposition", not hearing..i got that wrong somewhere....they didnt write it on there, i just saw it somewhere, and got nervous. it mght not apply here, but it seems odd they would file that, since they always have a reason for what they file.
southern district of ohio
Was the notice served on you by a process server?
no, it ws sent thu the CMEC electronic filing syste, (i have permission to use it)
it may well be a bluff, but i just wonder why they would do that
In some jurisdictions, a notice has the same effect as a subpoena if it is served by a process server upon all parties.
i see, but this was only served via the CMEC filing system...so maybe im ok...but i thought maybe i should file for a protective order just in case
So that language about notice having the same effect as a subpoena was not on the document?
no, i had read it before i asked the question....it just made me nervous
I would not worry about it then. It was probably in the context of a rule about a notice that is served. If it were a case where you were being subpoenaed and you wanted to fight it, you would file a motion to quash, but here you do not need to do this. What you do need to do probably is make sure you have documented in WRITING all your attempts to work out something with them for a video conference or other alternative to you going out of state. That way if they file a motion to compel you to come to them for the deposition, you will have exhibits to show the judge proving you made a good faith effort.
ok, yeah i do have those documented...thank you very much :)
Great. You should be all set then.
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