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I was served a Deposition Subpoena for personal appearance in court to testify. I do not want to do that.

San Diego, CA |

I worked as a construction superintended on a project 12 years ago and the developer I worked for is being sued by the home owners association for multiple construction defects for the sum of $16,000,000.00 dollars. I was ordered by the court to show up for this deposition and testify as a witness against the company I worked for. I do not want to speak to anyone about this and do not want to show up for this. How can I get out of this?

Attorney Answers 4

Posted

You can try to convince the atty who issued the subpena to withdraw it. Otherwise you need to attend. Think of this as your civic duty. If you had a case and needed a witness to give a depostion, wouldnt you want them to? the atty will try to minimze the inconveneince of scheduling, but otherwise, go and be honest.

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Posted

So far, you haven't provided any reason that would be a legal excuse to avoid testifying.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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2 comments

Asker

Posted

I just do not want to testify.

Carl H Starrett II

Carl H Starrett II

Posted

That isn't a legally sufficient reason. if you refuse, you could be held in contempt.

Posted

A deposition subpoena itself is a court order. While you might be able to postpone the deposition or move the time and/or location to a place more convenient to you, you will not be able to get out of this completely unless you successfully opposed the motion which resulted in the court's order compelling you to testify. If you refuse, you could be held in contempt of court.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

Witnesses cannot avoid appearing and testifying and bringing any documents required by the subpoena. Refusal to comply will be contempt of court, for which the court can sanction you. As other counsel stated, only if the date is a real problem, perhaps you can arrange with the issuing attorney a more convenient date. You are entitled to be paid a fee for the day of testimony plus mileage round trip. If not demanded by the witness and paid when the subpoena was served, then the attorney will need to pay this to you at the deposition.

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