The Consequences of Not Attending A Deposition

If a judge has asked that a certain person be subpoenaed, and asked to come to the court on give day, at a given time, that same judge can punish the person that fails to honor that same subpoena. Personal Injury Lawyer in Lindsay knows that the punishment can take several different forms.

What actions might the judge take?

Sanctions could be imposed on the person that failed to respond to the subpoena.

The guilty party could be fined or jailed.

What actions might be taken by the person that was served the subpoena?

If the person served with that particular document sees no reason for his or her appearance in court or at a deposition, then that individual should hire a lawyer. That same lawyer should then accompany the person that was served with the subpoena, when he or she meets with the judge. During that meeting the judge will hear the reason that that the subpoena’s recipient does not feel obligated to answer the judge’s request.

Facts that could be made clear at that time of that meeting with the judge:

The judge’s subpoena was sent to someone that had no contact with the either the plaintiff or the defendant in a specific case, namely the one being heard in the judge’s courtroom. That same person (the recipient) was not and never had undergone any legal proceedings with either the plaintiff or the defendant in the case that was then being heard in the judge’s courtroom. The situation of concern to the judge did not take place at a time when the subpoena’s recipient was in proximity to either the plaintiff or the defendant.

Other reasons that someone who has received a subpoena might want to meet with the appropriate judge:

The recipient will have to travel a fair distance, in order to get to the site of the courtroom or the site of the deposition. When that is the case, the recipient has the right to ask for money, which can be used to cover travel expenses. The judge will hear the recipient’s request and then decide whether or not to honor it. The presence of a lawyer should increase the likelihood that the judge with offer a positive response.

The recipient might notice some mistake in the document handed to him or to her. Perhaps some detail on one of the subpoena’s pages was incorrect. When that is the case, the person that has been handed that particular document has the right to request a meeting with the judge.

This is another time when a lawyer’s presence should prove useful. The judge would not feel inclined to question the veracity of a claim made in the presence of an injury lawyer.