Legal Question in Civil Litigation in Maryland
Not appearing in deposition/court for medical reasons.
What can be done when the defendant of a civil law suit refuses to participate in
the deposition process. His doctor has written that it would be too much stress
for the defendant to continue the litigation. The defendant recently had
angioplastic surgery, which has little to do with stress. Could we ask the judge
to have to the defendant see another doctor at the defendants expense?
1 Answer from Attorneys
Re: Not appearing in deposition/court for medical reasons.
It sounds like you're trying to handle this case without an attorney, which is probably not a good idea. Your question illustrates why.
The court can impose sanctions if a party refuses to participate in discovery. Among these are barring his trial testimony, ruling that he cannot defend against some or all of the issues, or even entering a default judgment in your favor.
Of course, it may be that you need his testimony to help prepare your case, which presents a dilemma. You can request an examination but it would be at your expense, not the defendant's. Good luck.
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