Legal Question in Intellectual Property in Indiana

I am a supposed 'witness' in a company to company lawsuit for actions that took place 12 years ago. I was already deposed. I haven't worked for the company for 10 years. I would like to not be a witness. Is there anyway to get out of being a witness?


Asked on 3/01/10, 12:16 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Plead the 5th (right not to incriminate yourself) or have an Illness, although for a long trial that better be a long illness.

On a more serious note, if you gave testimony in deposition, you are likely to be subpoenaed (or perhaps you already have) and that is a Court Ordered appearance, which can get you cited for contempt if you try to play games to get of out being a witness. Just go and testify, unless testifying might incriminate you, although I gather that is not an issue since you say you already gave deposition testimony. If you are not in any danger legally from testifying, why not just relax a little, chill out, imagine the attorneys are in their underwear or whatever makes it more fun and consider it an opportunity to learn about testifying and trial tactics. Also, I assume you get paid for this. Perhaps you can establish a reputation as an expert witness and make all that big expert witness fee money! If your neck is not on the line, why the worry?

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Answered on 3/08/10, 9:54 pm


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