Legal Question in Civil Litigation in California
Defendant Required to Testify in Civil Unlimited?
Hello,
In a civil unlimited trial in California Superior Court, is a defendant required to testify? Is the plaintiff able to compel the defendant to testify? My mother and I are defendants in such a trial, scheduled for the end of this month. We cannot afford a lawyer, and have been unable to find a pro bono lawyer after 14 months of searching. The plaintiff falsely believes he is the son of a famous celebrity and that my mother and I have conspired with the famous entertainer's actress/producer children to defraud him of his ''true identity.'' We have not. The plaintiff is representing himself. My mother is 75-years-old, not in good health and terrified of the plaintiff (for numerous reasons I won't go into here). Not only do I not want to see her abused on the stand by this person, I am worried about her breaking down, or worse, having an attack or seizure. We cannot afford to take her to a doctor, but she has lost so much weight and is in general frail condition, which is very worrisome to me. The plaintiff has spent almost a decade stalking us, and in the last 14 months his actions have wiped out our finances, reputations, my job, her health, etc. In a word, it has been horrendous. Thank you for your help.
3 Answers from Attorneys
Re: Defendant Required to Testify in Civil Unlimited?
Parties can generally make other parties appear and testify at trial, though it is possible the pro per plaintiff in your case won't know how to do this. Even if he does, your mother may be able to get a protective order that says she need not take the stand. She will probably still have to testify, though, perhaps in a deposition at her home or via written questions and answers. If there is reason to think her condition will improve with time, she may be able to get the trial delayed until she is better. Either way, she will need to bring a motion supported by declarations from her doctors about her medical condition.
Good luck.
Re: Defendant Required to Testify in Civil Unlimited?
The plaintiff in your case might have a statute of limitation problem on the fraud claim -- it's three years since it occurred or since a reasonable person would have discovered the "fraud," whichever is later. You might talk with a lawyer about bringing a motion for summary judgment if there's still time to do so (at least 75 days before the hearing date, which must be at least 30 days before the trial).
If you haven't already, you might want to take a deposition or serve requests for admission on the fraud statute of limitation issue with the accompanying form interrogatory 17.1.
Re: Defendant Required to Testify in Civil Unlimited?
The plaintiff can send a notice to appear to your mother,if she has been served and is a party to the action. He can also have her served with a subpoena. Frankly, if she does not appear, the court may well accept the factual scenario presented by the plaintiff if a defendant does not appear to dispute it. There are legal aid clinics in every county and if your mother is truly destitute, I am sure that they will provide assistance. With regard to the "stalking" and physical threat, have you filed a police report? You can also contact the elder abuse unit of the district attorney in the county where your mother resides. Lastly, as you are also a defendant, you can and should appear to provide the court with all the facts you recite here.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
