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richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 133
Experience:  Attorney in private practice in Phoenix, AZ
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hi, i spoke to you a few days ago about a "notice of deposition"

Resolved Question:

hi, i spoke to you a few days ago about a "notice of deposition" sent by the other side that is trying to get me to travel 1,000 miles for 2 days of depositions. I am the plainitff in the case. Today is the last day I have to file a a protective order if i need to. However you said i didnt have to appear to the notice, or even respond, and others said that too. However i read "notice has the same effect as a subpoena with regard to a party or an individual under the party’s control."
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.

richanne96 :

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.

Customer:

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.

Customer:

southern district of ohio

richanne96 :

Was the notice served on you by a process server?


 

Customer:

no, it ws sent thu the CMEC electronic filing syste, (i have permission to use it)

Customer:

it may well be a bluff, but i just wonder why they would do that

richanne96 :

In some jurisdictions, a notice has the same effect as a subpoena if it is served by a process server upon all parties.

Customer:

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

richanne96 :

So that language about notice having the same effect as a subpoena was not on the document?

Customer:

no, i had read it before i asked the question....it just made me nervous

richanne96 :

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.

Customer:

ok, yeah i do have those documented...thank you very much :)

richanne96 :

Great. You should be all set then.

richanne96, Attorney
Satisfied Customers: 133
Experience: Attorney in private practice in Phoenix, AZ
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