Legal Question in Civil Litigation in North Carolina

Subpeona - Deposition at Attny. Office

I have been given a subpeona to appear at an atty. office to give a deposition in a case of an employee vs. my employer.One of the problems is that I will be out of state on the day they requested. I have tried calling to get response but they seem to ignore returning my call. The second thing is that I would like to invoke my 5th amendment rights in the case . I do not mind going to see atty. but it needs to be a different date, even though I have nothing to say. Can I get these date changed &/or get in trouble if I am not availble on this day?


Asked on 9/20/02, 6:47 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Subpeona - Deposition at Attny. Office

As a general matter, if you have been properly served with the subpoena, you must appear, unless you file and have heard a motion to quash. Usually the attorneys will try to work with you, so I suggest you keep calling them. It may be that if you give them a statement and co-operate, they may be able to dispense with the deposition, or at least accommodate your schedule. There are penalties if you do not comply with a valid subpoena. You may want to see an attorney.

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Answered on 9/22/02, 11:17 pm


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