Legal Question in Business Law in California
what information is required to give in a deposition
I sold something to someone, they are being sued by the maker of the goods, for going out of the authoruzed distribution of this. I have been comanded to supply the information about everyone I sold this same item to and who I bought it from.
I can see where they could ask for documents showing I sold this to the person I sold it to, but beyond that can i refuse to tell tthem anything more? I am not being sued only asked to provide information.
2 Answers from Attorneys
Re: what information is required to give in a deposition
Does it appear they may sue you? If so, you need to be particulary careful.
The scope of discovery is very broad, but you can refuse to respond to questions that are not reasonably related to the lawsuit involved; you need to be carful making that determination or you could be subject to sanctions (A Court Order requiring you to pay attorney fees to the other attorneys).
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Re: what information is required to give in a deposition
It is not possible to give ou a proper answer without discussing the sales with you inb detail and reviewing the pertinent documents. There is a good chance that the answers you give here will be used against you later, and you will need to be very careful with your responses.
You should hire a lawyer to advise you. If your deposition subpoena requires you (or someone on your staff) to appear in person, you will want the lawyer to be there protecting your interests. If the subpoena requires only that you produce documents, you will want the lawyer to determine which you need to provide and which you do not. The lawyer may also decide to seek a protective order and/or to raise various objections on your behalf. Whether and how to do these things are decisions you should not make on your own.
You also need to act quicly, since there are limitations on the time in which you may object and/or seek a protective order, and since your lawyer will likely need quite a bit of time to review the pertinent documents, review the applicable law, etc.
Please feel free to contact me if you want to discuss this further.
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