Multi-State-Malpractice-Cluster-Cluck

[John Doe X]

My family has filed a big malpractice lawsuit in Wisconsin. This has been in court for 10+ years. In fact it went to the State Supreme Court. It is scheduled to go to trial shortly.

The defense wants to depose me. I live in California. They are offering to fly lawyers out for the deposition.

I want NOTHING to do with my phsychopath-sick-twisted-family & their frivolous lawsuits. I'm concerned that they will harass me & probably harm me if I tell the defense the truth. I will not lie or commit perjury, I would like to AVOID all of them. My testimony will more than likely significantly discredit their lawsuit.

What can they (both sides) do to me? Can they file perjury charges against me in Wisconsin if I refuse to show in California, or refuse to leave the state should I be requested to testify in person? How ugly can this get for me? They have plenty of money & are estimated to have spent over $100k on this already. They have no qualms about hiring any kind of attorney or P.I. to harass me.

Thanks in advance.

 

[ecmst12]

If you are subpeonaed, you hzve to appear. If you don't, warrents can be issued and you can be arrested for contempt. Or, you can hire your own lawyer to fight the subpeona.

 

[barry1817]

deposition

My family has filed a big malpractice lawsuit in Wisconsin. This has been in court for 10+ years. In fact it went to the State Supreme Court. It is scheduled to go to trial shortly.

The defense wants to depose me. I live in California. They are offering to fly lawyers out for the deposition.

I want NOTHING to do with my phsychopath-sick-twisted-family & their frivolous lawsuits. I'm concerned that they will harass me & probably harm me if I tell the defense the truth. I will not lie or commit perjury, I would like to AVOID all of them. My testimony will more than likely significantly discredit their lawsuit.

What can they (both sides) do to me? Can they file perjury charges against me in Wisconsin if I refuse to show in California, or refuse to leave the state should I be requested to testify in person? How ugly can this get for me? They have plenty of money & are estimated to have spent over $100k on this already. They have no qualms about hiring any kind of attorney or P.I. to harass me.

Thanks in advance.

You are obligated to tell the truth. And to answer the questions specifically, without adding anything. So if you are asked a question, that a yes/not answer is good. You answer truthfully yes/no. You don't add, you don't embellish.

Unless you are an expert witness, you normally don't get paid for your time, but can request mileage expenses, and there might be a minimal fee given, but you have to check and make sure that you request the fees in advance.

I have seen where when a person didn't request those fees, he got nothing.

And work to make sure that the time for this is convenient for all, because if they plan to fly out lawyers to take your deposition, and you flake on this, they are really going to go after you for costs.

 

[You Are Guilty]

Assuming this case is still in Wisconsin state court, the answer is no, if you are a California resident, you do not have to comply with the Wisconsin deposition subpoena.*



*NB: There is a legal way to get a Wisconsin subpoena legally enforceable in CA, but it takes a bit of money, and, more importantly, a lot of time. However, if a party does get a California court to (re)issue the deposition subpoena, odds are you would have to comply.


Good luck.