Buckeye, AZ asked in Civil Litigation for Arizona

Q: I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order for Contempt of Court because I did not believe that I was legally obligated to adhere to the Notice of taking deposition request.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position. I strongly recommend that you consult with the lawyer representing you in this litigation or, if you do not have a lawyer, you should hire one immediately to protect your legal rights.

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