Does an email requesting a date and time to take a deposition constitute being served and would failure to attend the said deposition result in contempt?

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Does an email requesting a date and time to take a deposition constitute being served and would failure to attend the said deposition result in contempt?

This is a civil matter and the deposition is to be taken by phone due to travel distance.

Asked on January 20, 2015 under Business Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Are you a party to the action (e.g. a plaintiff or defendant) or an employee of a party? If you are, then any notice, including by email, would be enough and if you fail to appear, you (or the party party employing you) could be subject to sanctions.

If you are a nonparty, you would need to actually be served a subpoena, typically by a personal service, unless you waived said service requirement and said that you would appear on less formal notice.


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