Legal Question in Civil Litigation in Nevada

civil case subpoena for witness deposition

Subpoena names my corporation. I am the president. May I take another corporate employee along?


Asked on 8/11/07, 4:16 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: civil case subpoena for witness deposition

Usually the subpoena want the person most knowledgeable about the subject matter of the lawsuit to testify. That can be more than one person.

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Answered on 8/11/07, 4:30 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: civil case subpoena for witness deposition

Your question strikes me as odd for two reasons. First, I would assume you have an attorney who could answer this question and, if not, it sounds like you need one ASAP. If you do, call my office immediately. Second, a subpoena will usually request the testimony of a PMK (person most knowledgeable) and if another employee is that person, he or she should be testifying.

All that aside, a corporation is entitled to designate a representative at trial who may be present at all depositions and through the entire trial. The other side may request a separation of witnesses for all others. Therefore, the other side could exclude the other employee at deposition if you are the corporation representative and the other employee is not a party to the litigation. The idea is to keep other witnesses from hearing your testimony word-for-word and tainting their testimony.

Some attorneys will not request separation of witnesses but most good ones will.

If you need representation, contact my firm. We may even be able to work out a per-appearance fee for me attending the deposition with you.

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Answered on 8/13/07, 12:21 am


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