Legal Question in Intellectual Property in Tennessee

Subpoena Duces Tecum

Can a Plaintiff and/or their attorney be required to bring Depositions to Court. This is a Federal Lawsuit for Patent & Trademark Infringment.

The suit basically claims I violated a patent, applied for in 1999 and issued in 2003, by performing a service I have been doing since 1970. The Trademark claims I have violated the Plaintiff's Trademark of Diamond Heads by use of either the words ''diamond cutting'', used to describe what I do, and/or my company name of ''yourMachinist''.

I cannot afford to purchase copies of these depositions and have learned I cannot use the sworn affidavits due to depositions being taken by plaintiff. The information in these depositions are crucial to proving Prior Art.

Trial starts 13 June 2006. I, regretfully, am the Defendant in Pro Se.


Asked on 6/02/06, 6:25 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Subpoena Duces Tecum

You can file a motion to request that the opposition bring them to court. This is a subpoena duces tecum, by which the court requests that they bring them. If they fail to bring them, then filing a motion to compel under threat of jail time can be filed. It is too bad that you have to go pro se, this can be very much to your disadvantage especially in federal court. Try to get some representation from a law school clinic or other pro bono source if you cannot afford counsel. the damages that you'll have to pay and the terms of an injunction can be onerous without representation since you are not trained to offer a defense.

Good luck!!

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Answered on 6/02/06, 7:04 am


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