Refusing Deposition

Answer:

We had a case recently where the bad guy went through great lengths to avoid a deposition. We sent a service of process out several times to serve this deposition notice, and this guy was just not coming to a deposition. He was the defendant’s bad actor and he needed to be there for the deposition; it really crippled that case. We’re often asked, “Do I have to show up for a deposition in a civil matter?” No, not if you don’t want to, but it can weigh against you. Now, a little bit different analysis. If you’re a party to the case, you probably want to show up to your deposition because it’s not going to look good at the court. Remember, depositions are the discovery tool. Third-party depositions of other folks, a little different scenario in analysis. Should you be deposed if you’re a party to a case? Yes, get the facts out. If you’re a third-party person, you’re not one of the parties to the case, do you have to be deposed? No, not if you don’t want to. Could the judge issue a subpoena ordering your deposition? Yes. If the judge issues a subpoena ordering your deposition, then you’re in a completely different place – the judge is telling you to show up to be deposed. If you’ve been served with a subpoena to be deposed or a deposition notice, call your lawyer. Contact your lawyer and let them discuss with you whether or not you can or should show up. Whatever it is, you want to make sure that you’re doing what’s necessary to get the best outcome for your case if you’re a party to the litigation.