Regarding witness depositions

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Regarding witness depositions

In a slip and fall case if the defendant requests a deposition from a particular plaintiff witness that may help the defendant can the witness decline and opt for questioning at trial only? Especially if the witness doesn’t want to weaken the plaintiff’s case. Is it optional or can the defendant demand a deposition via court supeona, etc?

Asked on March 10, 2017 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The witness can decline if not subpoenaed--without a subpoena, it's just a "request," without legal force. But if the witness is subpoenaed, he or she will have to be deposed; if the witnesses refuses, he or she could be sanctioned (punished) by the court for "contempt" of court, and the defense could make a motion to ban the witness from testifying at trial, making his or her testimony unavailable to the plaintiff

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The witness can decline if not subpoenaed--without a subpoena, it's just a "request," without legal force. But if the witness is subpoenaed, he or she will have to be deposed; if the witnesses refuses, he or she could be sanctioned (punished) by the court for "contempt" of court, and the defense could make a motion to ban the witness from testifying at trial, making his or her testimony unavailable to the plaintiff


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 lock Secured with SHA-256 Encryption