What can be done in a case in which the Plaintiff wishes to depose an employee of one of the defending parties, but the Defending party's attorney keeps telling Plaintiff that the said employee is unavailable until a later time. When the later time finally arrives, the defendant's attorney again says that the deposition needs to be rescheduled as something has come up and the employee is no longer available. In an instance such as this when it is obvious that the Defendant's attorney is trying to hide/put off the deposition of the employee, can the Plaintiff issue a subpoena to the Defending attorney on behalf of the employee so as to make the deposition date more official? Is there any consequences in a party hiding their employees from depositions?Landlord/Tenant case. Tenant is Plaintiff and wants to depose a relevant employee of landlord.
If the party to be deposed is a party to the case, you might consider seeking court intervention and an order to compel the deposition. If the employee is non party to the suit, a subpoena is generally the way to obtain the deposition. If the defendant is not cooperating with discovery, unfortunately court intervention is only recourse.
I am licensed to practice law in Colorado and Washington. My responses here are intended to provide information, but should not be considered legal advice. Further, my response to your question has not created an attorney client relationship. Choosing an attorney is an important decision and should be made carefully. My contact information can be found at www.laszlolaw.com/attorneys/michael-j-laszlo
This is a usual tactics played by defense. If you have an attorney then your attorney will know how to handle the situation.
Generally discovery statutes will allow the court to compel the deposition upon motion by the moving party(you) if the employee is a defendant or someone that the defendant is obligated to produce.
If not, a third party witness you have to subpoena the witness, and if witness fails to appear move to compel and get a citation of contempt.
If you are playing this game alone not a good idea. Have an experienced lawyer help you.
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