Legal Question in Personal Injury in California
If a witness can not get the time off of work to give her testimony (I'm not sure if that's the right term) is there another way ?
Thank you,
Diane Vargas
2 Answers from Attorneys
Depositions can be arranged to the Witnesses schedule, for example, depositions can be evening, weekends, or other times that work.
It depends on whether you mean deposition testimony or court testimony. As Mr. Selik mentioned, there are many options for dealing with deposition scheduling to accommodate a witness' schedule. Court is more tricky. If the parties agree, then deposition testimony can certainly be used in place of personal appearance. Ultimately, though, it is illegal for an employer not to allow a witness who has been subpoenaed or who is a party to a court proceeding from appearing in court to testify.