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Do I have to comply with an informal/formal deposition request in a civil suit, if I do not want to be involve


I use to work for a company that is now suing my boss. I worked for them very briefly and do not have contact with the company nor the boss and i do not wish to get involved with either party. However, the company's lawyers have been hoarding me in a very threatening tone telling me that I have to give a deposition. Is this true? I don't like to deal with bullshit from anyone and I don't have the time nor the desire to get involve. So my question is, in a civil case, is a deposition a legal requirement if a law firm representing a private company is telling me I must give one? This is not a criminal case. I don't have to talk to anyone, or give any time of deposition, whether formal or informal.... right? Please help. The people involved here are more powerful than I ever want to touch. I'm just a small gal trying to live life in my own little space.Thanks!

But this is for a civil case... do they really have the power to involve me? I worked for them for like a month and got paid like 300 bucks. This is damn ridiculous.

They will subpoena you and you must appear.

Im not an attorney, But I would tell them to go to hell. The only way they can require that you give a deposition is with a court order.

They can get the court to order that you testify. But they will have to prove to the court why your testimony is so important. A judge can order that you be deposed and then you have too. Or you go to jail until you do.

You do have to give your deposition if they subpoena you. Until such time as you receive a subpoena, along with the witness/mileage check (as may be required by your state), you do not have an obligation to tell them anything. But if you receive a subpoena, you are required to appear by law.

Agreed.

If you don;t cooperate, they wil llikely subpoena you and then you have to appear.

Of course, if you think you don't have the information they want to know about, you are free to get your own attorney and have him/her try to quash the subpoena.

Or don't wait for the subpoena - get an attorney to represnt you and send a letter to them either asking them to back off or at least contact you via him or her.

What is it they want to ask you about? You may not be that critical, or it may not take that long. The deposition can likely be scheduled around your time requirements.

They can try and get a court order, which they probably won't do unless your testimony is key. If you are just one of a dozen people they want to have say "Mr Jones stole company pens all the time" they won't put a lot of effort.

I would tell them that for $300 @ hour you will testify to anything they want and that you sent the same offer to the other side. The first one with an offer gets your testimony.

They won't bother you again.

You are not required to comply with "informal" requests.
You are, however, required to comply with a lawfully issued subpoena to appear/produce documents/be deposed under penalty of contempt of court.
Here's what you do.
Write a letter to the company saying that you only worked there a short time, you have no knowledge about anything involving the issues involved in the matter, and you have a very poor memory. That should end it.
If they persist, write again and tell them you will need several dates from which you may select. You will also need transportation, childcare (if applicable) expenses, a special chair to sit in and special food to eat during the proceeding. You will also want witness fees of $1,000 for your day's testimony, or any portion of that day. They will have to advance expenses and pay your fee prior to testimony.
That usually makes them exclude you.
However, if they STILL persist and meet your terms and you do appear, you are always free to answer truthfully "I don't remember." "I don't recall." "Maybe, I don't know."
I love messing with lawyers since I'm no longer one.

(1) If you're an employee of your boss, and your boss is a party, your boss can be required to make you appear.

(2) If you're not, you can be subpoenaed to appear for your deposition or trial. These subpoenas have the force of a court order, and you can be summoned to court and found in contempt if you continouously fail to appear. (That means you may have to pay penalties, or, in the extreme case, go to jail.)
You may also have the effect of screwing over your boss's case if your boss has control over you.

(3) You do not necessarily have to say anything that may implicate you if you've done anything illegal, but those rights are very limited in a civil proceeding.

(4) Just get it over with. They'll depose you, they may ask you to gather any documents. You may have to sign an affidavit later, and, if the case goes to trial, you may have to testify.

(P.S. these crazy demands for $1000 per day, or $300 per hour, etc., are NOT required under most state laws... you may be allowed to be reimbursed for transportation and child care plus a small witness fee, but in at least most of the country, they don't have to give you very much, unless you're an expert witness.)

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