Legal Question in Civil Litigation in Kansas
Failure to appear for Deposition
I am to be deposed in the state of Kansas next week. It is by the request of
my former company that is based out of texas (where the request for
deposition came from - Tarrant County) but is owned by a company in
Kansas. I have not been served as of yet, even though they have tried to
reach me. I have an atty in Ohio that tells me there is not much they can do if
I don't show up. (whether or not i've been properly served) If I don't show for
the deposition, what is the best and the worst that can happen to/for me?
The reason for the deposition is they are under the impression that I have
used client names to conduct outside business once I was fired. I have not
even been in the business I was in for the last three months. It seems to me
that a phone call from my attorney to their attorney should be enough to take
care of this, but my atty says he's not licensed in Kansas. (doesn't seem like
that should matter for a phone call.) Thanks for your help with my question.
1 Answer from Attorneys
Re: Failure to appear for Deposition
Dear Harassed Witness:
Your Attorney should have already called opposing counsel to indicate you have no intention of appearing. Nor are you required to do so!
If your former employer wishes to depose you, they must arrange to do so in the state where you now reside. If you decline to be deposed, and they wont come to you, they're out of luck. Short of a Federal Court Order, you may not be compelled to travel to their locale for their convenience, at least not without proper compensation.
Mere service of a subpoena is no more important than the delivered daily newspaper.
Even if the former employer decided to go to the expense of deposing you in your home state, you probably wouldn't remember enough to be able to give them definitive answers. And, your Attorney should have instructed you that even if you were deposed, you could decline to answer on the basis of self-incrimination, according to our 5th Amendement, U.S. Constitution. Recall: "I refuse to answer on the basis that I will not incriminate myself."
Relax and enjoy your rights!!!
J. Norman Stark
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