HOW DO I SUPOENA A UNION STEWARD WHO REFUSES TO TESTIFY AND HAS IMPACTING DATA AND IS SCARED OF RETALATION FROM THE COMPANY

Asked 5 months ago - Fayetteville, NC

A UNION STEWARD WAS IN THE ROOM WHEN I WAS ACCUSED OF MAKING A THREAT AND KNOWS THE SUPERVISOR LIED AND CORERCED ME AND DECEIVED ME INTO ANSWERING A HYPOTHTICAL THREATNING QUESTION HE KNEW WAS FAKE AND THE ANSWER WAS USED TO CAUSE MY TERMINATION AND THE UNION STEWARD FEARS RETALATION FROM THE COMPANY IF HE TELLS THE TRUTH AND KNEW MY ANSWERS WERE NOT REAL AS THE SUPERVISOR STATED TO ME HE KNEW IT WAS MAKEBELIVE AND REJECTED MY ANSWER 15 TIMES AND WHEN I GAVE A ANSWER I WOULD DEFEND MYSELF HE ACCUSED ME OF MAKING A THREAT AND THE UNION STEWARD KNOWS I WAS ONLY STATING IF MY LIFE WAS IN DANGER WHICH THE SUPERVISOR WITHELD AND OMITTED ASKING ME THE QUESTIONS , I WANT TO SUPOENA THE UNION STEWARD AS A HOSTIOL WITNESS WE ARE IN FEDERAL COURT AT DISCOVERY

Attorney answers (2)

  1. Kenneth Love Jr.

    Contributor Level 18

    Answered . Ms. Spencer gave you very good answer. Keep in mind that employment lawsuits are easy file but HARD to win, especially in the 4th circuit.

    If you don't mind, what are your legal claims? The legal claims to sue an employer are very limited and must be pled specifically. If you miss something early in the case, it will doom you later on.

    Also, what most people don't realize is that while your former employer will have to pay its own attorney fees in most cases, they can submit a bill of costs in which the Court can charge to you. This will be any expenses they incurred to defend the case such as deposition transcripts and witness fees. Keep in mind that the transcript for a single deposition can run in the $700 to $1,500 range alone depending on the amount of testimony and exhibits.

    As for your question, what you need to do is schedule a deposition of this person. Be aware, that this person may lie and there is not much you can do as the deposition will not be made in the presence of the Judge. You might want to consider not deposing the witness as you might be stuck with those answers I Court.

    Also, having a witness declared hostile sounds like a neat trick, but it is more difficult than I sounds and is automatic. You have to make a big showing to the Judge that the person is intentionally lying or uncooperative. Your statements/testimony alone will not be sufficient. I know you don't want to hear this, but to have the witness declared as hostile, you will need an attorney.

  2. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . Look at Rule 45 here: http://www.uscourts.gov/uscourts/rules/civil-pr... Also check the court's web site for local rules.

    Your best bet is to go to a law library and ask the research librarian to direct you to materials on subpoenaing witnesses. The librarian will not do your research for you and will not tell you how to do it, but should be able to point you in the right direction to find this information.

    But . . . why don't you have an attorney? If your case has merit, you should be able to find representation. Without an attorney you are severely disadvantaged. If you are having trouble finding an attorney for your case, there are several possibilities:

    -- you are not looking in the right place for the right kind of attorney;
    -- your case does not have as much value as you think; or
    -- you are not presenting your case in a way that makes sense to the attorneys (note my suggestions below).

    Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline.

    Good luck!

    @MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss... more

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