Legal Question in Civil Litigation in Massachusetts

Deposition Subpoena

Do you have to show up for a deposition?


Asked on 4/30/08, 5:13 pm

3 Answers from Attorneys

Thomas Abdow Abdow Law

Re: Deposition Subpoena

Yes you must show up. Attorney Murray's analysis of the question is clear and correct. The holding of the deposition can sometimes be rescheduled to a more convenient time for "good cause" shown to the judge, or often by agreement of the legal counsel involved if time allows. You should seriously consider retaining counsel to give further advice and assistance.

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Answered on 4/30/08, 11:32 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Deposition Subpoena

Yes, if you are a party to the action your failure to appear at a deposition for which you have been served with a subpoena, can result in your being sanctioned and if you are not a party the party who subpoenaed you can apply to the court to have you show cause why you should not be found in civil contempt of the court and to ask the court to assess against you all costs to that party arising from your failure to appear and to reschedule the deposition.

If you are not represented by an attorney you should consider retaining an attorney to discuss your rights with you to include your right to petition the court to quash or limit the scope of the subpoena if it is improper or overbearing.

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Answered on 4/30/08, 5:48 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Deposition Subpoena

Yes, if you are a party to the action your failure to appear at a deposition for which you have been served with a subpoena, can result in your being sanctioned and if you are not a party the party who subpoenaed you can apply to the court to have you show cause why you should not be found in civil contempt of the court and to ask the court to assess against you all costs to that party arising from your failure to appear and to reschedule the deposition.

If you are not represented by an attorney you should consider retaining an attorney to discuss your rights with you to include your right to petition the court to quash or limit the scope of the subpoena if it is improper or overbearing.

Read more
Answered on 4/30/08, 5:50 pm


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