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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a conciliation case out against me, yes I do feel I

Customer Question

I have a conciliation case out against me, yes I do feel I owe this party the money and will be expecting to set up a payment arrangement to them. But I am in the financial industry so doing everything I can to keep this under the table, to keep from losing my job/ license. The plaintiff has asked my Boss to be a witness, he was served. He now knows about he situation and does not care, but does not want to be part of it. As well as I don't want him a part either he already knows of it, don't need him knowing all the details. How do I get him off of the witness list? He really has nothing to do with it other than the plaintiff wanting to get his money back as well as make things worse for me knowing my boss would not be impressed by this, and possibly lose my job. Also I was served with demand of documents. I do not have those documents, what do I do to avoid any more charges?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

If the Plaintiff wishes to have your supervisor as a witness, he can try to do so. He has the right to subpoena your supervisor if the Plaintiff feels that the supervisor has knowledge pertaining to the suit that would be of interest at trial or deposition.

Now, you can file a Motion to Strike Witness. For an example (from Florida) see HERE. If so, you would have to show that your supervisor knows nothing about the matter and has no relevant information to give. The problem is that this would likely involve the supervisor themselves going to court to testify that they have nothing to prove. In other words, they are likely to become involved either way - in going as a witness, or, in an attempt to have their name dropped.

As for the discovery requests, if no such documents exist, then in the reply one can simply state so. Example:

1. Please provide XYZ.

Answer: After a diligent search, XYZ has not been found. Defendant will supplement if more information is available, later.

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