Legal Question in Civil Litigation in Michigan

No explaination of what the lawsuit is for

My husband received a subpoena to give a deposition but we do not know what it is for. No explaination given. Many errors made in papers, ie...middle initial wrong, criminal charges checked not civil, was not served at address stated on the notice. Can we file a suit against the attorney for harassment and filing of false charges? This all started when my uncle died and I was sued by relatives for the estate. The estate has since been closed, yet the attorney is representing the estate. How can another lawyer represent the estate when the estate has been closed? I filed bankruptcy so now the estate is going after my husband. However, the estate settled out of court with the bank that was wrong in the first place ( not me) so how can the bank (if it is) file a suit under the estate name? Is this legal? This has been going on for almost 3 years. I thought that once the bank paid the estate that the subject was closed and ended. If there is anyway that we can file a complaint with the courts please let us know as my hubby's deposition is scheduled for 6/4.


Asked on 5/23/07, 8:45 am

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: No explaination of what the lawsuit is for

If the subpoena is substantially faulty, ask the court to quash it either because it is legally faulty (unlikely if you're the right person) OR because you have absolutely nothing of value to add (in which case the court will probably require you to attend and say so under oath and it will be a short deposition).

However, if the result is just that you're going to get a deposition subpoena done properly, there's not much point.

If you are a party, however, then you must respond to the deposition as written or request that it be rescheduled.

You will know the reason for the deposition when you get there, but you can inquire in advance.

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Answered on 5/23/07, 12:38 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: No explaination of what the lawsuit is for

You should find out what the lawsuit is about and possibly enlist the assistance of a lawyer before giving any testimony. A deposition is testimony under oath, so you want to make sure you answer truthfully and that an attorney objects to inappropriate questions.

If you need time to find an attorney, simply contact the attorney listed on the subpoena and tell them you need to reschedule as you want to consult a lawyer. There is nothing wrong with it. You should follow up that request with a letter so that the lawyer doesn't file a motion to compel your deposition, arguing that you are being uncooperative.

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Answered on 6/01/07, 8:24 pm


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