Q: Can I go to jail for missing a deposition & do I have to testify if I can't mentally deal with it?
Subpeona issued 2 times. The first time notified both attorneys that I was having surgery and could not attend. The message was taken by admin. staff in both offices. Second time, I began having severe anxiety that resulted in 2 panic attacks prior to the depo. I was mentally frozen and could not deal with reliving the horrible event in front of people and avoided it. I have told attny many times that I already have flashbacks and sleepless nights along with a lot of other emotional disorders and it is almost impossible to discuss w/out having a near mental break down do I have to testify in court or may I plead the 5th?
A: Yes, there is the potential to go to jail if you willfully refuse to attend a hearing or deposition. The general symptoms you describe are serious, but should be discussed privately with your attorney in a confidential setting. There could be secondary consequences to a refusal to give testimony, all of which should be discussed with your attorney.
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