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May have a claim of defamation and/or tortious interference with economic advantage against this contractor. ...

Union City, NJ |

A third party sent me a text message from the contractor that did not have malicious intent.
Would that third party be required to testify?

Attorney Answers 5


  1. You can conduct a deposition of a non-party and/or you can subpoena a non-party, so yes, you can obtain their testimony. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!


  2. Your attorney can obtain their testimony.


  3. You can Subpoena him/her to testify.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  4. Yes it would be necessary for them to testify. The text message would have to be authenticated and it would be hearsay for you to try to testify about what the third person said to you.

    The answers by Fred Shahrooz Scampato, Esquire, of the Law Office of Fred Shahrooz Scampato, LLC, provided in the Avvo website are for general information purposes only. The materials are current only as of the indicated date and must not be regarded as legal advice, solicitation or advertisement. The information provided on this site does not, nor is it intended to, constitute legal advice and is not provided in the course of an attorney-client relationship, nor are they intended as a substitute for obtaining specific legal advice from qualified legal counsel. Transmission of information from this site is not intended to create, and receipt shall not constitute, an attorney-client relationship. Any prior results that are described on our site do not guarantee a similar outcome. Online readers should not act upon this information without seeking professional advice regarding the particular facts and circumstances of each matter.


  5. I am unsure about the facts of your case as the listing did not have enough detail to tell me the particulars of what is going on with your personal injury case. However, if your requestion is can your attorney require someone to testify if you have a personal injury case that is filed in Court? Yes. Once a case is file, a party has the power to subpoena witnesses. If this is not the question, please post again.

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