Legal Question in Business Law in Maryland

Request for Witness Testimony

We have a case filed in the District Court of Maryland.

My company has not been paid by the main contractor company.

He is running with every deadbeat excuse in the book.

Can I or my lawyer send letters to the main client asking for witness testimony for the case? Is it better that these letters be sent by my lawyer?

The questions pertain as to whether they were told important

information about the work -- that it was re-starting with 4 months of programming missing.

Asked on 8/09/02, 12:27 pm

3 Answers from Attorneys

Cotie Jones Jones & Associates

Re: Request for Witness Testimony

Your lawyer should know how to do this. Subpoenas should be issued to the appropriate witnesses.

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Answered on 8/09/02, 1:00 pm

Robert Damalouji The Damalouji Law Firm, L.L.C.

Re: Request for Witness Testimony

In order to procure witness testimony, your attorney will have to subpoena those persons you want to testify at trial. Since you are in litigation, (and I assume that the defendant is represented by counsel) all contact and/or correspondence with the "main client" should be directed to its attorney.

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Answered on 8/09/02, 1:27 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Request for Witness Testimony

Your attorney should send questions to opposing counsel as the case has been filed and, presummedly, there is an attorney of record for the main contractor. Such questions should likely be denied as the case is now in litigation and discovery requests are in order.

You should ensure that your attorney understands the absence of 4 months of programming and the relation of such to your contractual obligations as well as performance as anticipated by each party. Where performance is anticipated and such performance is contigent upon the delivery of an essential basis for such performance, the lack of delivery of the essential basis may be an excuse for non-performance. The language of the contract and the basis of performance are at issue. Executory and completed performance, as such relates to overall damages, is also an issue.

I suspect you are dealing with a contractor who is leveraged his/her means beyond the ability to perform. As a business decision, you should not rely upon performance for the sustainability of your revenue and, given the vague facts that are presented, you should consider bringing an action for repudiation of contractual obligation.

You should also consider that the main contractor may file for bankruptcy and that this should be addressed as to your recovery in such an action.

Consult with your attorney.

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Answered on 8/10/02, 12:07 am

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