Legal Question in Medical Malpractice in Connecticut
pro se litigant
How does a pro se litigant get a fact witness deposed. Does this have to be done through a subpoena or can he notice the defendants just as an attorney does?
2 Answers from Attorneys
Re: pro se litigant
You should always use a notice whether or not you're an attorney. If the fact witness is not a party to the action, then the witness will need to be subpoenad to the deposition. I'm unclear on what the extent of the subpoena power is for a pro se party, or if there is any subpoena power at all, so you will have to check the statutes in order to determine what your power is in this regard.
Re: pro se litigant
If the witness is a party to the lawsuit, you serve a notice of deposition. For a non-party, you have to get the clerk of the court to sign a subpoena for the deposition, and serve the notice of deposition on the witness (with the subopoena) and on all parties to the lawsuit who are entitled to notice.