What Do I Do If I’m Served with a Deposition Subpoena?

Photo credit: wisegeek.org
Photo credit: wisegeek.org

A deposition subpoena is a document that requires you to submit your testimony to a third-party or to produce documents. Depositions are used as a pre-trial discovery phase and they take place often at your attorney’s office or the office of the other party’s attorney. While depositions do not have a judge or a jury, you still must conduct yourself as if you were going to court. It is best to have your San Antonio business attorney review the deposition requirements as well as be present during the deposition.

Do You Have to Go to the Deposition?

Your San Antonio business attorney will review the subpoena to make sure it is valid. If it is, you must go or you will be held in contempt of court. But, the other party must give you adequate notice to prepare for the deposition – which usually is five to 14 days. Also, you are required to bring any documents requested in the subpoena. If you fail to do so, the courts may issue an order requiring you to testify. In a civil case, ignoring your deposition could make you appear as though you are not cooperating or hiding something too.

Answering the Questions

You must answer all questions asked in the deposition as long as they are relevant. Your attorney will be present during the deposition and can determine whether or not a question is relevant to the case. Any answer you give must be truthful, because while you are not in court, you are still testifying under oath. Also, remember that the answers you give during a deposition will be used at the trial. A court reporter will also be present to record your answers and you are most likely going to be videotaped – which may be played at the trial too.

Do You Need an Attorney?

If your business is being sued and you have received a deposition subpoena, you should hire a San Antonio business attorney. An attorney will prepare you for the deposition and go to the deposition with you. By having an experienced attorney by your side, you can protect your own rights as well as your company. Your attorney will ensure you don’t answer anything that will expose you to further lawsuits.

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