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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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hey, i wish to review your prior a deposition out

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hey, i wish to review your prior a deposition out of state as the G.M. rep. having to answer it as the co. is inv. here in Pa. Another lawyer has told me that the Pa. court needs to go thru the Texas court so as to go by texas rules/law for deposition. Yes or No or were you right. i believe you,ok?

I'm looking at the prior conversation. I am concerned that you may have misinterpreted something that I said. I did say that the person could voluntarily choose to be deposed and give you a statement if she wished, but that the only way to compel her assistance is to get a subpeona from a Texas court.

You asked if you could have the PA judge order the company to get her deposition since she works for them, and I said that it's theoretically possible, if she were an officer or director of the corporation, but that if she is just an employee, there is no way to physically force them to produce her, so at best you would get an order that could not be enforced. That's assuming that a PA judge would order them to produce her, and there's no way to promise that - it's really not likely since she's in Texas. Thus, the way to compel her attendance at a deposition is to get an order from a Texas court.
Customer: replied 3 years ago.

this is for a written deposition,mailed to her. therefore since she can't come here her reply could be allowed in court

If she completes it voluntarily and under oath, the PA rules of evidence allow it to be introduced into evidence, yes.
Customer: replied 3 years ago.

since i subpoena her answers, it is sworn, and you said on Oct. 1 at 2:36, she'd be compelled to answer to a Pa./ my deposition,didn't you say that. I don't want her here, just her voluntary,no oath

She could only be compelled to answer if either she appeared in PA and was served with a subpeona while in the state or if you got a subpeona from the Texas courts.
Customer: replied 3 years ago.

to restate, G.M. is subject to Pa. law...a Pa. subpoena is good if served on an agent in Pa. for service of process. Does that mean that agent needs to be in Pa. THen the document could be enforced on a texas rep.? I knew it was involved,but your previous answer says no. I sent the document to legal dept. in a different state, if I sent it to legal dept. in Pa. that's ok then. I mixed up 2 things. the contempt of losing my verbal file by the company. now i'm talking of the rep. i subpoeaned for written deposition. Did i need to a Pa. agent of G.M. for her to answer? i asked you of serving her a pa. deposition/ subpoena on oct. 1 at4:48 i think you said she'd need to answer

A PA subpeona directed on a company that works in PA is valid, as far as directing the company to produce documents or officers/directors. I believe what I said is that it might be possible to try to direct the company to produce the employee, but that they would most likely move to quash it, which means that they'd ask the judge to order that they did not have to comply.

If you were just looking for to depose any employee with knowledge of the case, a PA subpeona directed upon a company doing business in PA might work, but that doesn't guarantee that you get the employee that you want. A PA subpeona will not compel attendance of a Texas resident who has never lived or worked in PA. There's no jurisdiction.
Customer: replied 3 years ago.

again. no attendance here. 1 rep. has an answer. 1 rep talked to dealer. again. so, a Pa. subpoena is good on G.M., is it good for the texas for a written dep., mailed to her? it has her name on it. how will they give that to someone else. You never seem to answer if she has to answer it, and mail it back. the other lawyer said NO.I believe you told me on oct. 1 4:48, yes, to a Pa. subpoena for written answers.. If so there is no voluntary involved and since a subpoena is served there would be no need for an oath. these are legal, sworn documents-no lying allowed

A PA subpeona is not sufficient to compel attendance of a witness in Texas. You would have to have an order from the court in Texas.

Deposition testimony is given under oath, whether a person was originally subpeona ed to appear or not.
Customer: replied 3 years ago.

attendance? testimony? again...a written deposition, mailed-to be to rep. with written answers,mailed back! is it ok? there is nothingin texas, what attendance, what under oath??? will G.M> send her thepaper to answer, does she need to answer?? you are good, but this is simple. I asked you that same ques. directly oct.1st at 4:48 and again at 4:56..your answer seemed to say yes. This I said will save G.M. to produce her here for trial. I guess you're saying no, you don't actually say that,even. I'm wrong to be rude, but I don't know what you just answered to, what attendance..what testimony??? it's in writing, her answers to be in writing

Written deposition answers are given under oath and are considered a type of testimony. I apologize if I caused any confusion.

What I said before it that you can send them to her and you can ask her to respond, but there's no way to force it without a court order. A court order has to be issued from a Texas court. You asked about ordering the company to direct her to answer and I stated that it is possible to make that request, but that it might not be effective.
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Customer: replied 3 years ago.

i actually didn't ask if I could get her co. to ask/make her answer. I said to mail it to legal dept. then to her. It may be my only option,though, if you'd explain how to from Pa.'s court. Back to my original bickering I'm sorry but How is a written then mailed one given under oath? i'm not arranging no on else there. Usually there would be,right? Or is it a legal document thereby as to under oath?? If there is a way for her company to get her to answer the deposition,again how to ,file what paperwork??

The written deposition would include language to the effect that the person who signed it affirmed under penalty of perjury that all information contained within is true and accurate to the best of her knowledge. Then, by signing it, she has sworn to the answers under oath. You should be able to find samples of the relevant language online or at a law library.

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