Monday, April 28, 2014

When an employee of your client, who was deposed, no longer works for the company at the time of trial, is the witness still obligated to ap...

Question

When an employee of your client, who was deposed, no longer works for the company at the time of trial, is the witness still obligated to appear at trial to give testimony?



Answer

No. You may be able to read his deposition. Otherwise, serve him with a subpoena to appear.



Answer

The above comment is true, however, either side may subpoena him to appear and testify if they so choose. If the witness is dead, been found incompetent or lives out of the country you may be able to do it with the transcript. Hope that helps.

Michael Krigsfeld, Esq.



Answer

Hello - please call me at either (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM



Answer

Agreed that the party would only be obligated to appear if served with a subpoena.



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