Civil litigation, Northampton County, PA: Are there any restrictions on which persons the Plaintiff can depose? How much notice?
3 attorney answers
The Plaintiff can depose any relevant witnesses. A subpoena would have to be issued to any witness who is not a named party to the action, but those witnesses may not comply with the subpoena, and if that happens, it is not easy forcing them to come to a deposition. It is a good idea to contact any non-party witnesses to ask what is a convenient date/time for them to appear, and subpoena accordingly. That way they are more likely to cooperate as opposed to just sending a subpoena for a date/time that you choose without regard to their schedule.
I take it that you are the being deposed and do not like the situation. THe answers to specific questions may be contained in the Pennsylvania Rules of Civil Procedure or the local rules in Northampton County. However, if you cannot negotiate a suitable accommodation from the opposing counsel and it is important enough to you, you will have to present a motion for a protective order at the appropriate motions court. Quite frankly, I think that you need a lawyer to do something like this. Consult a litigator in Northampton County.
Clifford L Tuttle, Jr.
Attorney at Law
The foregoing answer does not constitute legal advice and does not create a lawyer-client relationship. Answers are based upon the facts stated and may change if there are additional facts not contained in the question.
HIre a lawyer or familiarize yourself with the rules. They're called deponents, not deposees.
I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.