Legal Question in Personal Injury in California

Re: Do you have to answer questions at a deposition?

If you choose to ignore a civil subpena or refuse to answer, you will likely make your life more difficult. The attorney who issued the subpena can choose to work with you on a convenient date and time, obtain a court order that you appear in court to explain to the judge why you have not appeared or answered, or even have a Marshall take you to court for this purpose. If your only involvement in this case is as a witness, the path of least resistance is to appear for the deposition, give the testimony, and go on with your life.

Re: Do you have to answer questions at a deposition?

In one word, no you cannot.

Re: Do you have to answer questions at a deposition?

People subpoenaed to testify can't just refuse to participate. The fact that you don't know the parties doesn't matter, and neither does the fact that you want no part of the lawsuit. We all have the right to make witnesses appear for depositions and trial when we need them, and if you ever sue or get sued you will be able to benefit from this rule.

There are procedural requirements which an attorney (or a pro se litigant) must satisfy when taking a witness's deposition. Lawyers seldom make mistakes here, but pro ses often do. Unless there has been such a mistake, though, you will have no basis to refuse to take part.

If the depo is scheduled at an inconvenient time you can work with the attorneys to reschedule it. You can even call the attorney who is taking the depo and try to talk her out of it. But the ultimate decision is not yours to make. You should plan to show up and testify regardless of how you feel about it.

Re: Do you have to answer questions at a deposition?

The other attorneys are right.

However, keep in mind that you are also entitled to a witness fee and mileage (one way only) to the deposition location pursuant to Code of Civil Procedure Section 2020(f). Generally, that is a fee of $35.00 + $0.20 per mile (round trip) under Government Code Section 68093. You can either get paid prior to your deposition or on the day of, before you testify. Be sure to call the attorney who is deposing you and demand you get your witness fee prior to giving testimony. Good luck and thanks for your question.

Re: Do you have to answer questions at a deposition?

To clarify, you get a witness fee of $35.00 and $0.20 per mile (round trip), not just 1 way.