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When you receive a subpoena to give a deposition, you are being ordered by the court to participate. In this circumstance, you have no choice but to oblige. Refusing to give a deposition following a subpoena will result in serious legal consequences.
A deponent who, without justification, refuses a deposition when requested via subpoena may be ordered to pay expenses caused by the failure, including attorney's fees for the side that requested the deposition.Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition.
As stated in Federal Rules of Civil Procedure 30(e), a deponent is permitted to make changes to their deposition transcription or recording for 30 days following its release.Depending on the type of corrections you have submitted, and the stance of the defense attorney in the case, your deposition may be reopened.
It states as follows: "a deposition lawfully taken and, if required, filed in any federal or state court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action.
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.
RULE 30(B)(6) SHOULD REQUIRE AT LEAST 30 DAYS' NOTICE IN ORDER TO ENSURE PROPER PREPARATION, AND THE DEPOSITION SHOULD BE SCHEDULED AT A TIME AND DATE AGREEABLE TO BOTH PARTIES. A. Reasonable Notice Is at Least 30 Days Prior to Deposition.
Federal Rule of Civil Procedure 30(e) permits a deponent to make changes to his or her prior sworn testimony through a written statement called an errata sheet.
There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed.
A document directing a witness to appear to answer questions under oath is called a notice of deposition. The notice includes a time and place where the examination is to occur. The notice is sent to all parties in a lawsuit so that everyone involved has been given notice of the event.