Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Hi and welcome to JA. Ray here to help you today.
You would subpoena the witness here.You have right to take their deposition.He would have to file a motion to quash subpoena and get it heard prior to the date of the deposition.
Subpoena you use here
In state court, the subpoena may be challenged by the person
who is the subject of the subpoena, the parties, or any other
person affected by the subpoena. TEX. R. CIV. P. 176.6(d)-
(f). A person who receives a discovery subpoena (for testimony or documents) may simply comply; or object, move to quash, modify, or seek protection from the court in writing before the time specified for compliance
in the subpoena.
TEX. R. CIV. P. 176.6.
So bot***** *****ne they have to object here prior to the deposition date and have it heard by the court.You would also be notified of any filings.
I appreciate the chance to help you today.If you can 5 star rate when we are done it is always much appreciated.Thanks again.
Yes he can file up to the deposition here but they normally file ahead of time so they can try and have hearing .Remember that Texas allows for such deposition , unless he can show good cause here it likely is denied.It is one thing to reschedule one , another to quash entirely.The judge likely allows the deposition.You can discuss any filing here to see if it is resolvable.Otherwise the judge decides.You have a right to depose someone, the date and time might change but not your right to do so.
He would have to get it filed and heard here prior to the scheduled date.If he files late you can proceed if there has been no hearing on the motion.Thanks again and the best here.