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I was subpoenaed for a deposition under false pretenses. I…

I was subpoenaed for...

I was subpoenaed for a deposition under false pretenses. I had been interviewed by phone several times over a year on a lawsuit one of my former coworkers was bringing because he has lung cancer. We were diesel truck mechanics back when brake shoes and clutches had asbestos linings. He has a law firm that specializes in asbestos cases. They asked if I would agree to be interviewed if they sent a representative to my town. I agreed believing that it would be someone from their firm. I got a subpoena for a deposition. I went and it lasted 7 hours. It was attorneys for the defendants which are many. They are not done and will schedule another session. This was extremely stressful for me as I am 75 years old and this was for events over 17 years ago. My coworkers attorney wants me to fudge the truth sir I don't say I can't remember, This has caused extreme emotional stress for me and I want to get out of any further depositions.

Lawyer's Assistant: What state is this in? And how old is the truck?

California. This was for continual work with trucks and trailers with brakes and clutches containing asbestos. After many years they began using organic Lin ing.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

My question is on my having to appear at the deposition

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Have them read my explanation

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Answered in 2 minutes by:
12/18/2017
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,387
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Is there a specific question with which I could assist?

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,387
Experience: Began practicing law in 1992
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Customer reply replied 2 months ago
did you read my problem? I want to know if I can get out of further depositions I was subpoenaed for.
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 102
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Phone call session started

I did, but there were just statements, no actual questions. I guessed this would be what you were asking but I don't answer based on guesses because if I'm wrong on the guess it doesn't help the customer and wastes their time.

You can try to get out of additional depositions and subpoenas. There is no law that says you can automatically get out just because you don't want to go.

The proper method is to file a Motion to Quash and have a hearing. You will need a lawyer to help you with that but they aren't terribly difficult and so you could likely find a local lawyer who will file it for you and argue it and you may not even have to appear at the hearing.

The subpoena is an order of the court so only the court can withdraw that order (called "quashing a subpoena").

With your age, health issues (including stress) it is very likely the judge will quash the subpoena since you have already been deposed for 7 hours.

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Customer reply replied 2 months ago
OK , thank you that was the info I needed

Great! Glad to have been able to help. The same type of rules apply to any case, any subpoenas, and on any topic unless you are suing or being sued. Then the process still works the same way, but a judge is inclined to let depositions of parties go longer.

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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Dwayne B.
Dwayne B.
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