What to do if I was served with a subpoena for a deposition in a civil matter?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was served with a subpoena for a deposition in a civil matter?

The deposition was to be over 2 months ago but 2 days before,, I received a phone call from the filing attorney’s office asking to postpone/reschedule. The deposition never did take place nor have I heard anything further about a rescheduled date. The subpoena /deposition actions have been a bit nerve-wacking. Do subpoenas have an expiration date? Can they hang this threat to depose over me indefinetly?

Asked on March 23, 2013 under Business Law, Missouri

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The subpoena is good for the day you were set to appear.  If the event (i.e. depo, trial, pre-trial) was canceled, then the subpoena becomes moot, unless a judge swears you in and requires you to reappear for the subpoena at a later date.  It doesn't sound like that was done in your case.  If the attorney wants you to appear at a deposition, he/she will need to reissue the subpoena.  As long as the lawsuit is pending, they could potentially issue a subpoena for a depo or trial.  However, if they become abusive in the whole process of scheduling, then canceling, and scheduling and canceling again, you could file a request with the court for relief from abuse discovery tactics.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption