Legal Question in Civil Litigation in West Virginia
Forced to Give Deposition For Stalker
My mother was recently sued for the 3rd time by a man who has been
stalking her for more than a decade. Our family has been advised, for our
safety, to have no contact with this man. During this 3rd lawsuit, the man's
lawyers subpeonaed us to give depositions. The lawsuit concerned an event
the man claims happened over 30 years ago, when both he and I were
children. I did not want to give testimony, because I knew what I had to say
was not what he wanted to hear and he would become enraged. My
testimony was truthful, but based solely on my recollections from childhood.
Any evidence, either way, is long gone. My mother's testimony also enraged
him. The lawsuit was dismissed with prejudice. Can this man launch a new
lawsuit against us for something said in deposition which he deems
unflattering? He is fond of suing for slander, libel, and emotional distress.
We have never spoken of these things outside our home or lawyer's offices.
We have never published anything about them. Thank you.
1 Answer from Attorneys
Re: Forced to Give Deposition For Stalker
Every cause of action, even if meritorious, is subject to limitations. Claims for personal injury in West Virginia must be brought within 2 years. I cannot imagine that the suit could be maintained after 30 years. You lawyer should bring a motion for dismissal and a motion for a protective order under Rule 37 to block the deposition. You say that the case was dismissed "with prejudice" this means that it cannot be brought again. You may have a cause of action for malicious prosecution or abuse of process.
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