Legal Question in Intellectual Property in California

witness for past employer

I was an employee of a company that is suing another company for copyright infringement while I was an employee. I haven't worked there for many years and do not want to be a witness for the trial - can I make it unappealing for them to subpoena me?


Asked on 1/03/08, 4:38 pm

1 Answer from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: witness for past employer

A subpoena is a legal requirement and you can't do something that would interfere with its purpose. There are legal limitations regarding how much you can be inconvenienced (e.g. where a deposition would take place). Also, when our office knows someone is unhappy about testifying, we try to work with them. We don't want an unhappy witness because that doesn't help anyone's effort to find the truth. You might try asking the attorney whether providing a declaration under penalty of perjury would be an option. Depending upon your involvement, you might want to seek legal counsel of your own. Although your question did not necessarily imply this need, I would be remiss not to mention that this is sometimes appropriate. As an attorney, I know that the legal process sometimes interferes in an unfair way with third party witnesses' lives, but just like jury duty, it is what makes the justice system work. Most reasonable attorneys will try to make your involvement as painless as possible.

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Answered on 1/15/08, 12:30 pm


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