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Difference between a Notice of Deposition and Subpoena.

What are the differences between...

What are the differences between a 'notice of deposition" and a subpoena for deposition? Subpoena is a court order correct?

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Answered in 3 minutes by:
7/15/2011
NateLawAnswers
NateLawAnswers, Attorney
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That is correct. A Notice of Deposition is a mechanism to alert someone who is to be deposed where to be and when. However, it can be ignored as it is merely a notice. A subpoena cannot be ignored. Ignoring a subpoena can get one held in contempt of court.

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Customer reply replied 7 years ago

No emotion should be entered into comments but I feel slightly better because only notice was issued. So I am not in contempt of court if I ignore it as you say. I would expect that this attorney will try to get a subpoena next, but there is really no way to head this off I assume, and I would have to wait until that happens to do any kind of motion to stop the deposition (motion to quash under undue burden - travel, expense, lost wages, etc).

Last question -- to have a subpoena issued, does anyone have to show cause for it at all or is just being a licensed attorney enough Thank you and have a good evening - at least I can have a good day every now and then and now is one of those moments.

The only downside to avoiding the Notice is that the attorney can ask for fees related to the court reporter's time (the sitting fee). But, legally, you're not violating a court order. Any attorney can get a subpoena.

It is presumed that there is a reason to subpoena someone. If an attorney subpoenas someone or something for frivolous purposes, the court can issue sanctions against the lawyer; however, to get one issued there is no requirement to demonstrate "why". Once the subpoena is issued, that is when you would move to quash. There is nothing to do until it is issued.

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