Legal Question in Family Law in Mississippi
Deposition
I am going to be served to go to a depostion for a divorce of a friend. I really do not want to go. Can they legally make me go to court as a witness for a divorce. It seems silly to me that you would legally have to testify for a divorce. I am tring to keep from going. Do, I have any options?
Thank you,
Bridgett
1 Answer from Attorneys
Re: Deposition
Miss. Rule of Civil Procedure 45(e)and (f) provide:
(f) Sanctions. On motion of a party or of the person upon whom a subpoena for the production of books, papers, documents, or tangible things is served and upon a showing that the subpoena power is being exercised in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the party or the person upon whom the subpoena is served, the court in which the action is pending shall order that the subpoena be quashed and may enter such further orders as justice may require to curb abuses of the powers granted under this rule. To this end, the court may impose an appropriate sanction.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.