Legal Question in Personal Injury in Texas
Deposition on behalf of a former employer
Until 7 months ago, I worked for a hotel in downtown Houston. Approximately 2 years ago (while I was working there) a guest was alledgedly injured by a jerking elevator movement. I had some limited contact with the guest (who is now suing the hotel) at the time. The hotel has asked me to participate in a deposition regarding the case. Am I obligated to participate? Can I be compelled to participate? On the whole, I'd rather not...
2 Answers from Attorneys
Re: Deposition on behalf of a former employer
Your former employer cannot require you to attend without a subpoena. The subpoena cannot be require you to travel more than [150 miles state court/100 miles federal court] to the place of the deposition. Otherwise it will have to be taken in your county/city. You must be paid the witness fee [$10 state court/$40 federal court] plus travel expenses.
Talk to your former employer about paying your expenses. If it becomes a sticky issue, talk to a lawyer.
Re: Deposition on behalf of a former employer
You can be subpoenaed to give your deposition, but you certainly can't be made to "remember" what you don't remember. All in all, if you are an unwilling witness, it is doubtful they will make you testify. They also have to pay your actual expenses for transportation to and from the deposition. If you really don't know any facts relevant to the case, just tell the attorney in advance and it is likely they will leave you alone.
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