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Can I be forced to do a deposition?

Dayton, OH |
Filed under: Class action

My company has been involved in a class action lawsuit for the past few years. Just recently, the court ruled that the class WAS NOT certified, yet the plaintiff is still pushing to settle on behalf of the class, he has threatened costly litigation if we don't settle (even though I thought we already won). NOW he is asking for more discovery, and trying to depose me. I feel like this is his way of trying to bully me. What if I refuse? My attorneys suggest I do it, but of course they will make like $5000, so its a conflict of interest if you ask me.

Attorney Answers 3


  1. The fact that it was not certified as a class does not mean that individuals can bring claims individually. So yes, if there is a case proceeding they probably can take your deposition. You should be able to trust your attorney's advice. If you don't, that is an entirely different issue.

    DISCLAIMER: Gene Burkett is licensed to practice law in the State of Texas and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship


  2. Listen to your attorney or find one you trust. It is impossible for us to know all the details of your case. As a general matter, it is fairly easy to make someone sit for a deposition.

    If you would like a free consultation about your issue, you may call me at 850-228-9175 or email me at cbupton@gmail.com. My answer to your question does not create an attorney-client relationship.


  3. Winning the certification motion just means there is no class action for now but it does not make the case go away because individual claims in the case can continue. In that event, the parties still have the right to engage in discovery, which includes appropriate depositions, subject to court monitoring and control. Your best advice is likely to be from your current attorney since no attorney on the internet will know your case as well as the attorney you already have working on it. You can always get a second opinion if you wish but the place to start, in order to understand both the law and your situation, is always by asking your current attorney. If this answer was helpful, please give a “Vote UP” review below. And be sure to mark the answer that you think was the best so we can all be sure we are doing good work. Thanks for asking and good luck. Ron Burdge, www.OhioClassAction.com

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

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