Legal Question in Real Estate Law in Mississippi

subpoena deposition

There was an attempt made to serve me with a subpoena deposition. I was not at home at the time, and they left the papers in my yard. Therefore, I was not formally served and found the subpoena deposition papers in my yard very badly torn. From what I can determine from the papers I am set for a deposition in two days in MS. 8/2 I was not given enough time to prepare for this deposition and it's also out of state. (I live in AL)I do not currently have a lawyer, but am in the process of obtaining one in MS. My question is: since this is a subpoena deposition, what is the law surrounding the length of time to prepare fo a subpoena deposion and also what about the fact that I was not legally served?


Asked on 8/01/07, 1:01 pm

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: subpoena deposition

If it is unduly onerous or burdensome, the court may grant a motion to quash the subpoena. Requiring an out of state deponent to attend a local deposition is probably unduly burdensome. If the subpoena requires production of documents, a mininum of 10 days time is required for notice.

If one has not been properly served, the court has no jurisdiction to sanction one for not responding. In addition to delivery of the subpoena according to the rules, the deponent is entitled to prepayment of a small witness fee and milage fee. Further, a State Court must obtain a subpoena from the local court in order to compel an out-of-state deponent to attend to the deposition.

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Answered on 8/01/07, 3:02 pm


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