Legal Question in Civil Litigation in South Carolina

legal obligation

my former company (a retail store)is being sued by a lady who was stopped by my partner for shoplifting. the person who was stopped is now suing the retailer. my employment ended 2 months after this incident (8/04). i just recieved a letter from the retailers attorney stating that they want my deposition and that the plaintiffs attorney requires me travelling approx. 1.5hrs each way to give my deposition in person. both parties have my statement and i was only a secondary party to the incident anyway. i told the retailers attorney that since i cant be compensated for travel and lost work time that i wouldnt go to the deposition but they told me that i have to. am i legally obligated to go or can i request that they come to me. i was clear in the fact that i would do no more than read my statement that i provided on the date of the incident. please advise. thanks.


Asked on 7/19/06, 2:47 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: legal obligation

You didn't say if this was in State court or Federal court. I assume its in State court, in which case, Rule 30, of the South Carolina Rules of Civil Procedure states:

"A witness may be compelled to attend in the county in which he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A party may be compelled to attend in the county in which the subject civil action is pending, or or in the county in which he resides or is employed or transacts business, or at such other convenient place as is fixed by an order of the court."

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Answered on 7/19/06, 5:01 pm


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