News

Subpoena for deposition

Discussion in 'Other Off Topic Forum' started by schwoo, Jan 30, 2017.

  1. schwoo

    schwoo Formula Junior

    Jun 22, 2013
    738
    Florida
    Full Name:
    Marquette
    A friend of the family is getting divorced. I'm not taking sides. I received a deposition to appear. I'm a very busy OB/GYN avg 50 pts day. This is going to interfere with my practice. It states this deposition is not being taken for any purposes related to the business or medical practice.
    They did send a check for 7 dollars.

    But seriously? I will be in contempt of court if I refuse?[​IMG]

    Any valid reasons or ideas to get out of this.

    Thanks

    Sent from my SAMSUNG-SM-N910A using Tapatalk
     
  2. ylshih

    ylshih Global Moderator
    Global Moderator Owner Advising Moderator Honorary

    Mar 21, 2004
    14,771
    Northern CA
    Full Name:
    Yin
    IANAL, but I've heard a couple of stories of people who didn't get out of it, but they were able to negotiate a more reasonable fee for the time they had to spend. The underlying idea is that you may have to appear, but you don't have to be a cooperative witness. Call up the deposing attorney and say "I have a very bad memory, but if I'm properly compensated, I'll be willing to spend some time to refresh my memory."
     
  3. spicedriver

    spicedriver Formula 3

    Feb 1, 2011
    1,724
    Get a lawyer, and keep requesting delays. Delay it indefinitely.
     
  4. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    What's the $7 for? Your time? Cabfare? Parking meter? Sheesh...

    If you've been served (and there is a whole body of law on this), you need to appear. Otherwise, the court could issue a bench warrant for you. Would it? I'm not admitted to FL and don't practice there, and it would seem a bit draconian, but the Court does have the power to do so. And, there's no way to know how a judge might respond. Technically, they can toss you in the pokey.

    You could contact the counsel that seeks to depose you and ask if interrogatories, which are written, would suffice. They may, however, want to see where the questions lead, so they may be unwilling to let you take that route.

    You can also ask the Court that, because your deposition presents an undue hardship on your practice and patients and that, likely, your testimony won't develop any information that cannot be otherwise obtained, you be excused. Neither of these may sufficiently sway the Court to excuse you from appearing, though it may allow you to argue for higher compensation. Although, who's going to compensate all of your patients? I'm guessing, however, that the Court is not going to want to prejudice one side's case, which, arguably, gives rise to an appeal, if it excuses you from appearing. Although, something less than a full-blown deposition may be negotiated, too.

    If this is "just" mailed to your address, then you have not likely been served and are free to ignore it. Consult FL counsel, if you seriously don't want any part of it. If you know one, it ought to be a quick phone call.

    I also agree that you don't have to be cooperative, but if you aren't, just understand that you may find yourself being treated as a hostile witness. Either in the deposition or somewhere down the line. The attorney could choose to go after you, personally, for your credibility and try to find any way to smear you, if you happen to say anything adverse to their client's interests. It's not unheard of in divorce cases.

    I would NOT, however, say that your memory is dependent upon proper compensation. That may have been tongue in cheek, but it would just be better to just stick to the script, say that you really have a lousy memory (if that's the case), doubt you can add anything to the discussion that cannot be developed by other witnesses, and your practice and (50+) patients would be unduly impacted by the imposition of this subpoena. It's worthy of a hail mary attempt, maybe, but this is considered by the Court to be your civic duty. Hence, don't count on being excused.

    CW
     
  5. bpu699

    bpu699 F1 World Champ
    Silver Subscribed Owner

    Dec 9, 2003
    11,272
    wisconsin/chicago
    Full Name:
    bo
    I thought you had to be paid to be a witness...unless it's a criminal trial...


    So, I can depose the ceo of Apple because my friend and I have a dispute about safari? And he has to show up?

    Every time I have been deposed by a patient for one of their silly Mva and fall little lawsuits, the hospital charges several grand for me to appear. Paid up front. The moment they hear that, I am no longer needed...
     
  6. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    #6 CornersWell, Jan 30, 2017
    Last edited: Jan 30, 2017
    Expert witnesses receive compensation, which is usually paid for by the losing party. Generally, witnesses do not receive anything. Civic duty. A witness can request compensation, but the Court is not required to grant it. Or, if there's a provision for compensation, it won't be much.

    You can possibly have a subpoena issued for the CEO to appear. It will go to Apple's legal department. They'll deal with it. Good luck getting Tim Smith, though. If there's a legitimate lawsuit somewhere, the Court issues the subpoena to Apple, and Apple can decide who's the most appropriate to appear. In the case of a corporation, it would likely be a 16b officer as its' "representative." it may just be someone familiar with the question you have, though (subject matter).

    I'm surprised (but not) that your hospital tries to charge for your time. If that's standard protocol in your jurisdiction, and there's a provision for it, though, then why not? Tt tends to sift the wheat from the chaff faster. Second, as med-mal suits are often on contingency, it's the lawyers who eat that cost (until and if there's a settlement or jury award).

    CW

    P.S. As I'm thinking about it, you're being deposed as a party? Parties are entitled to recover costs, but I still think it's unusual that your time would be recoverable.
     
  7. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
    1,071
    Over here!
    Full Name:
    Take a guess...
    Who is Tim Smith?
     
  8. El Wayne

    El Wayne Global Moderator
    Global Moderator Owner

    Aug 1, 2002
    17,960
    San Marino, CA
    Full Name:
    L. Wayne Ausbrooks
    Clearly, he meant to type "Tim Cook".
     
  9. darth550

    darth550 Five Time F1 World Champ
    Lifetime Rossa

    Jul 14, 2003
    58,452
    In front of you
    Full Name:
    BCHC
    The ***** is you have to personally serve subpoenas for depo.
     
  10. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    Yes, Cook. Sorry. The CEO of Apple.

    CW
     
  11. big ease

    big ease Formula Junior

    Nov 30, 2008
    326
    Did you ever see her as a patient or did you ever give her medical advice while at a party did either one of them ask you anything that has to do with your medical practice I'm sure you could get out of it by using the Hyppa law and for the fact of the matter neither one of them can prove you didn't have a conversation with them about your professional
     
  12. schwoo

    schwoo Formula Junior

    Jun 22, 2013
    738
    Florida
    Full Name:
    Marquette
    Thanks for all the great advice-

    I hired an attorney - he said he will made some calls, see if he can get me out of it.

    For me, it's the principal, someone can interfere, disrupt a very busy, profitable day and you're reimbursed $7. If you don't comply, you're in contempt.

    Sent from my SAMSUNG-SM-N910A using Tapatalk
     
  13. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
    1,071
    Over here!
    Full Name:
    Take a guess...
    Sorry, didn't mean to sound like I was busting your chops. I only asked because this is not the first time I've heard someone reference the name "Tim Smith" in the same breath as "Apple". Like yourself, the folks I asked about it also apparently meant Cook, so I'm trying to discern if there is a Tim Smith that is somehow related to Apple that these folks (and you) are referring to, even if subliminally, or if there's a 'glitch in the matrix' that I can't explain. Sorry to hijack the thread; *always get a lawyer.*
     
  14. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    Don't know. Maybe someone I met somewhere with that name. I was typing fast and didn't go back to proof it. That said, I don't normally make silly mistakes like that. But, it happens. Then, there's the "John Smith" moniker for everyman. Maybe that creeped in. Couldn't tell you.

    CW
     
  15. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    Agreed.

    For all of the law's formalities in its' processes, it's particularly unconcerned with how much of a distraction these matters can be for the participants. Litigations go on for years with no regard for the costs incurred in the interim.

    Glad you chose to respond by counsel. If it can save you your day, it was worth it.

    CW
     
  16. Dcup

    Dcup F1 Veteran

    Jan 3, 2005
    8,503
    Between 2 Implants
    Full Name:
    Claude Balls
    Yeah , tell them your elbows deep in vag........
     
  17. 88Testarossa

    88Testarossa Formula 3

    Sep 25, 2012
    2,380
    Annapolis, USA
    Full Name:
    Al
    Cash the check and refund them $6.98. Tell them you'll appear and give them your $.02.


    Sent from my iPhone using Tapatalk
     
  18. schwoo

    schwoo Formula Junior

    Jun 22, 2013
    738
    Florida
    Full Name:
    Marquette
    Best advice yet!

    Sent from my SAMSUNG-SM-N910A using Tapatalk
     
  19. David_S

    David_S F1 Veteran
    Silver Subscribed

    Nov 1, 2003
    9,379
    Mountains of WNC...
    Full Name:
    David S.
    Just saw this, but guess I'm the only one.

    I wouldn't have hired a lawyer, or mentioned this to anybody until after I had not shown up for the deposition and IF something came of that. In three instances, that has worked out just fine for me.

    Contempt of court? Yes, I generally harbor contempt for most of the legal system.
     
  20. ryalex

    ryalex Two Time F1 World Champ
    Owner Consultant

    Aug 6, 2003
    21,657
    Las Vegas, NV
    Full Name:
    Ryan Alexander
    They can set a deposition for an evening or weekend if necessary. I've done that for doctors many times.
     
  21. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,564
    #21 CornersWell, Mar 2, 2017
    Last edited: Mar 2, 2017
    Same issue: the deponent must give their private time. Maybe less intrusive to their business, but for someone who's busy and doesn't have a lot of personal private time, it's equally annoying.

    But, yes, to the extent that counsel can accommodate a deponent's schedule, they should. The deponent is being inconvenienced enough as it is.

    I know that counsel will travel for depositions when the deponent cannot. I know that counsel will take video depositions, when necessary. Lots of options to make it as little of an imposition as possible. But, it's still an imposition.

    I would not, however, as has been suggested, recommend ignoring the subpoena. It's possible (and likely, even) that nothing will come of a failure to answer. But, who wants to test that and be in front of a pissed off judge?

    CW
     

Share This Page