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re: OT Lawyers ?: Subpoenaed in Texas but I live in NY (do I have to go?)
Posted on 8/27/15 at 9:00 pm to Y.A. Tittle
Posted on 8/27/15 at 9:00 pm to Y.A. Tittle
I might have my wording off but it was sent to my old address in Texas. They reached out to me by phone. She said subpoenaed?
2
Posted on 8/27/15 at 9:01 pm to Sterling Archer
Not sure if this would apply, but
Probably doesn't apply to being an actual witness. Just talk to the people who called you about you options.
quote:
Texas rule 199.1(b) on "Depositions by telephone or other remote electronic means" reads: "A party may take an oral deposition by telephone or other remote electronic means if the party gives reasonable prior written notice of intent to do so. For the purposes of these rules, an oral deposition taken by telephone or other remote electronic means is considered as having been taken in the district and at the place where the witness is located when answering the questions. The officer taking the deposition may be located with the party noticing the deposition instead of with the witness if the witness is placed under oath by a person who is present with the witness and authorized to administer oaths in that jurisdiction."
Probably doesn't apply to being an actual witness. Just talk to the people who called you about you options.
This post was edited on 8/27/15 at 9:03 pm
Posted on 8/27/15 at 9:03 pm to Artie Rome
Letters Rogatory gets him served to appear In NY, but not Texas.
Posted on 8/27/15 at 9:04 pm to Sterling Archer
quote:
I might have my wording off but it was sent to my old address in Texas. They reached out to me by phone. She said subpoenaed?
You haven't been properly served so you can ignore it
Posted on 8/27/15 at 9:04 pm to Sterling Archer
Doesn't sound like you've been properly served.
Posted on 8/27/15 at 9:05 pm to Stevo
All irrelevant. They sent some papers to his old house in Texas asking him to show up to testify.
He doesn't have to do a thing.
Case closed.
He doesn't have to do a thing.
Case closed.
Posted on 8/27/15 at 9:07 pm to Sterling Archer
Thanks for reminding me about that Skype debacle when they put the real info on TV during the Zimmerman trial. Good times.
Posted on 8/27/15 at 9:08 pm to lsu480
That's what I was hoping. I have no experience with the court system except a couple of speeding tickets. Just wanted an idea of what I could say the next time I spoke with them to get around this. Thank you all
Posted on 8/27/15 at 9:10 pm to Sterling Archer
If you get in trouble, please blame Artie and 480.
Posted on 8/27/15 at 9:10 pm to GRTiger
quote:
I'll stake my law license and my reputation as a lawyer on it.
You don't have any of those things.
Posted on 8/27/15 at 9:15 pm to Sterling Archer
quote:
to get around this.
Let's hope your family member is never a victim of domestic violence and putting the abuser away requires witness testimony
Posted on 8/27/15 at 9:39 pm to GRTiger
quote:I'll also wager my non-existent law license.
Nah, blow it off. I'll stake my law license and my reputation as a lawyer on it.
Posted on 8/27/15 at 9:43 pm to Sterling Archer
You do realize that without your testimony the fricker could skate, right?
Posted on 8/27/15 at 9:47 pm to Sentrius
Posted on 8/27/15 at 9:48 pm to Stevo
OP if they sent the subpoena to an old address, tell them to return to sender or destroy. You never got the subpoena capiche?
Posted on 8/27/15 at 9:52 pm to Artie Rome
quote:
How do you know that based on the information available? You a 2L or something?
Ummm...Texas subpoena, NY resident. Not sure what's so complicated.
Posted on 8/27/15 at 9:56 pm to roadGator
quote:
If not a trial can't they just depose you from NY?
I'm no lawyer, but I'd think this would work...
Posted on 8/27/15 at 10:14 pm to Sterling Archer
No you are not under penalty of contempt if you do not go. If you are wondering what is the "right" thing to do id suggest reaching out to the attorney who attempted to serve the subpoena and have him propose what he would like to do then decide. It does not sound like you have a lot to offer in that you did not witness any abuse. But give them a call and let them know your concerns with work and all and see what they have to say
Posted on 8/27/15 at 11:01 pm to UHTiger
I thought Florida was one of the only states that allowed depositions in criminal cases, Louisiana sure as shite doesn't.
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