Legal Question in Legal Ethics in Wisconsin

we are a business being sued. The defendants lawyer has scheduled a deposition at their office. The deposition papers were hand delivered by defendants lawyers office. We dont beleive the papers were ever delivered to the courts as we were not officially served by a court, just by the defendants atrtorney. We are wondering if we are legally required to attend as the want record we beleive to find info to further their case because the evidense they have if fraudulent.


Asked on 1/17/13, 3:31 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

In civil litigation, much discovery work is done strictly between the lawyers, without involving the courts, and this is specifically authorized under the rules of civil procedure. Only when parties refuse to comply such a discovery request does the court get involved. This occurs when the party files a motion to compel discovery and impose sanctions for failure to respond to such reasonable requests may be authorized by law (which usually includes are relevant facts and depositions of any witnesses with relevant knowledge). Sanctions for failure to respond can lead to sanctions including costs and actual reasonable attorney fees for this extra work, as well as severe sanctions (such as loss of the lawsuit for you via granting of a judgment against you). You therefore need to get a lawyer immediately if you want to avoid possibly losing your lawsuit due to noncompliance with reasonable discovery demands. This may be only the first of many problems you will confront if you remain unrepresented, such as inability of WI corporations to appear in their own cases without representation. My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at www.jayknixonlaw.com, or view over 15 years of my previous answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.

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Answered on 1/21/13, 5:28 am


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