Legal Question in Business Law in Colorado

Re: How do I get someone into a deposition?

This information is provided under the general rules in the Circuit Courts of Illinois. I am not licensed to practice law in the State of Colorado, and therefore cannot give you any specific advice as to how things work in that jurisdiction. Your best bet is to consult with a Colorado lawyer for a complete answer to your question.

In Illinois, you can call the deponent and see if he or she agrees to come to the deposition voluntarily. However, if the deponent is represented by an attorney, you MUST communicate with that person through their lawyer -- you cannot call them directly.

Or you can serve the person with a subpoena, which then puts a legal requirement on that person to show up for the deposition. Failure to appear would subject them to charges for contempt of court.

You should consult with an attorney to learn how to serve a subpoena. (It's too complicated for me to explain here in writing.) Or, you could ask your judge or the court clerk to assist you with the process of obtaining a properly sealed subpoena form to send to the deponent.

A copy of the subpoena must be filed with the court and served on (mailed to) all other parties and/or attorneys of record in the law suit.