Q: What are my rights?
I have a friend that was a witness to a fire that caused several deaths in his previous apartment building. The attorney for the building has been reaching out to him through calls, text and email to depose. My friend just started a new job & the attorney contacted his new employer this morning. Is this allowed & what rights does my friend have? He suffered PTSD from the event, as he lost all of his belongings & also witnessed people dying, in addition, he is concerned about his employment with this new company.
A: First question is why is he avoiding deposition? It sounds like he is vital to the case and not the plaintiff or defendant. I would imagine the attorney would be very open to being as accommodating as necessary to secure the testimony, and is not out to make your friend's life difficult.
What would be the harm in arranging the deposition, telling what he saw, and then let the lawyers sort it out?
He could seek counsel in obtaining a protective order, but really, if he has information, and the attorney is following procedure and court rules, he could find himself compelled to provide testimony at the most inconvenient of times.
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