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6/11/2013
Subpoenaing a Witness


When you subpoena a witness for a deposition or for trial, it is usually because the witness does not want to appear voluntarily.  If the witness does not want to appear voluntarily, then they are not going to be easy to subpoena.  So don't let them know what you want to do.

I typically talk to a witness and try to get them to coordinate.  If they are not cooperative, then I might, depending on how "law abiding" they seem ( the more law abiding, the more likely to submit to the process...) tell them if I don't get them voluntarily, then the next step is a subpoena. 

If I suspect they are uncooperative or will work to dodge the subpoena, then I give no hint whatsoever that a subpoena is coming.  Most witnesses assume that they have brushed you off when that happens. Let the surprise be on them...





   
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Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
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