What’s a Deposition Subpoena?

Posted by Phineas Gray on May, 2016

Depositions are critical in the legal process because they’ll assist lawyers in determining how they can make their cases. For example, if the defendant wants to claim he has an alibi, that alibi has to testify in court. The lawyers for the defendant and plaintiff alike might want to speak with the alibi prior to the actual date of the trial so they’ll know what he’s about to say and have the ability to get ready to ask the proper questions and prepare their case around the statement. For example, the plaintiff might want to know that his alibi will say that he and the accused were at the movie theater, so the plaintiff then can attempt to prove that the alibi lied, maybe by showing that the theater was closed during that time of night.

When is a deposition subpoena appropriate?

Lying within a deposition may subject an individual to perjury charges. As such, if an individual doesn’t want to come to the deposition and he’ll be called as a witness in court, a Foreign Deposition Subpoena might be deemed appropriate.

How to obtain a deposition subpoena

To get a Foreign Deposition Subpoena, the prosecutor, plaintiff, or defense lawyer has to go to the judge in charge of that case and explain that he wants to depose that particular witness. Then, the judge will consider whether it’s fair and within the best interest of justice in order to command that a witness get a deposition subpoena. If a judge determines to issue one, the subpoena is going to be served on the individual requested to arrive to the deposition. Then, that individual will need to comply with a court’s order in the subpoena and go to the deposition, or he may be subject to jail time, a fine, or contempt of court.

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