Legal Question in Administrative Law in California

deposition subpena

If you get a subpena to appear to court on the date that you are on vacation and everything is already paid for/nonrefunable? What can you do? Second, A company is sueing Does 1 through 100 and you are subpena to be one of the witness do you need to lawyer to represent yourself?


Asked on 11/29/01, 12:15 pm

1 Answer from Attorneys

Robert Restivo Restivo Law Firm

Re: deposition subpena

Notify the attorney you issued the subpoena about the vacation problem. He will probably ask you to complete an affidavit, which he can use to get the hearing at which he wants you continued...that is, postponed.

If he's a jerk and tells you you just have to cancel your vacation, contact the court directly. Explain that you'll be out of town and cannot be there; and that you attempted to work it out with the attorney who's issued the subpoena. You'll need to do this in a letter.

When you file a civil lawsuit, you don't always know everyone responsible for the harm done to you. So, you sue the guy you know (Jones), and a group of other, unknown people (the Does). During the course of discovery, as the other people are revealed, you substitute a Doe for the correct person, like Smith. Just before trial, all unused Does are dismissed, and it just becomes You v. Jones and Smith. That's what the Does are all about.

Can you become a Doe, I think is your main concern. Well, that depends on the your relationship with the events underlying the lawsuit.

Whether you need an attorney depends on what our connection is to the case. It never hurts to have one; or, to at least talk to an attorney about the scope of testimony you expect to give.

Or, if you can actually get drawn in as a party to the lawsuit, you definately want to talk to an attorney.

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Answered on 11/29/01, 1:23 pm


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