Excused Absence Deposition

Real Estate 3 views 2 answers
I have been harassed so much to give my deposition. I honestly don't want to do it. The trial is next Wednesday and I don't want to just not show. The a very high anxiety and already on antidepressants. This has been causing me emotional distress. Can I get a doctor's note to excuse me from a deposition? Like not do it at all? Can the lawyers try to go to the judge and get me in trouble for it? HELP!

Attorney Answers

2
Jeffrey DavenportCriminal Defense AttorneyJacksonville, FL ·
If you fail to show up for a deposition after you have received a subpoena, you can be brought before the court to "show cause" why you did not attend. At a hearing on a motion to show cause, you would have to explain to the Judge why you did not honor the subpoena and show up for the deposition. The court could hold you in contempt of court if you are found to have knowingly and intentionally defied the authority of the court. If your doctor advises you not to attend the deposition, that would likely prevent you from being held in contempt of court. That said, ultimately the attorneys will likely be able to take your deposition at some point. Good luck to you!
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Cynthia Ariel ConlinLitigation LawyerOrlando, FL ·
I would recommend that you consult with an attorney who may be able to object to the subpoena or even file a motion for protective order. There may be other grounds to object that you're not aware of, such as you having to travel to take the deposition, or whatnot. I would not advise choosing to just not show up, without serving some kind of objection, because, as the other attorney said, the other party may try to have you found in contempt.
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