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Deposition
deposition
If it is a court ordered deposition you DO have to appear, in response to the court's order. However, I am not aware of anything that compels you to answer questions put to you at a deposition, especially without benefit of legal counsel of your choice being present.
Whether or not a defendant can cancel a deposition depends on whether it is a defense deposition. If it is the other side, the defendant cannot cancel a deposition.
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you have not appeared in the lawsuit then you do not have to appear for a deposition in the other state. For more information contact us at http://www.eglaw.com
You do have to appear for a video deposition in a Florida divorce case in general. Your attorney can appear for you or you can file a motion to change the date or time if it is not convenient.
Appear in court.
Because the bond (or bail) was accepted as surety that the defendant WOULD appear in court - if the defendant fails to appear, the bond (or bail) is forfeited and seized by the court.
The defendant will most likely loose for not showing up and have to settle regardless.
Yes, failing to appear for a deposition after being properly served can result in legal consequences. The court may hold you in contempt, issue a bench warrant for your arrest, and impose fines or other penalties. It is important to comply with legal obligations to avoid further legal complications.
A Warrant of Arrest usually works.
If you do not appear in small claims court when summoned, the judge may enter a default judgment against you, meaning the other party automatically wins their case. Additionally, you may be responsible for court costs and the judgment amount. It is important to follow court procedures and attend your scheduled appearance to present your defense.
If you are referring to not appearing for the Plaintiff's own deposition, a few things may happen, in escalating levels of severity: 1. When it happens for the first time, the lawyers can often work out a new date. 2. If the plaintiff fails to appear a second time the Defendant usually files a Motion to Compel. This is a request to the court to enter an order requiring the plaintiff to appear for deposition. Often, the court urges the parties to agree on a date, but nonetheless, the force of the court order is being used. 3. If the plaintiff again fails to appear despite the court order compelling attendance, the defendant can file a motion for sanctions. This may request relief such as the court itself setting the date for the deposition, awarding attorneys fees to the defendant's attorney for the work necessitated by the failures to appear, or, as the most severe sanction, dismissing the plaintiff's lawsuit. A dismissal does not usually occur except in the most severe circumstances, when the court believes that the plaintiff has flaunted the authority of the court.