Legal Question in Intellectual Property in California
If federal judge refuses request for third party deposition, during discovery phase, can that party be called to the stand by entity previously denied deposition of said party...to testify in a civil (infringement) trial?
Thank you for your time and attention.
Asked on 12/30/13, 9:34 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Probably; the refusal of the third-party deposition request is not controlling .... but it's possible that the underlying reason for the refusal might also result in a refusal to allow the third party to be subpoenaed. So, without further information, I'd say the third party could be called to testify, and that if a subpoena is required, it might be obtainable.
Answered on 12/30/13, 9:50 am
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