West Des Moines, IA asked in Domestic Violence for Nebraska

Q: Can the victim of a domestic assault refuse to take part of a deposition?

Related Topics:
2 Lawyer Answers

A: No. There are very few legal reasons that would allow someone to refuse to be deposed or to testify if they have been properly noticed or subpoenaed and served. One of the guaranteed rights in legal cases is the right to confront and cross examine the witnesses. If the victim is not sure if s/he has been properly called in, s/he can visit confidentially with his/her own attorney.

A: Is a person properly subpoenaed for a deposition required to appear at a deposition, the answer is yes. A person can be sanctioned by the Court for not appearing when properly subpoenaed. That being said, the party who had a witness fail to appear would have to choose whether to ask the Court to sanction the witness or not.

If subpoenaed for a deposition, you should either appear or seek an attorney for advice as to how to proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.