What to do if I was served with a subpoena for a deposition in a civil matter?
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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 11 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.
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