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I have been subpoenaed to appear for a deposition. I am a wittness in the case. Can I refuse to answer a question or request ...

I have been subpoenaed to appear for a deposition. I am a wittness in the case. Can I refuse to answer a question or request ...

Q: Can I refuse to testify if I get a subpoena?

You may refuse to testify if you have a valid legal basis, such as claiming a privilege (like attorney-client privilege). However, simply being uncomfortable or embarrassed by the questions is not usually a sufficient reason to refuse. It's advisable to consult with an attorney if you receive a subpoena.

Q: What happens if you refuse to answer deposition questions?

If you refuse to answer deposition questions without a valid legal reason, the opposing party can ask the court to compel you to answer. This could lead to sanctions or penalties if the court finds your refusal unjustified. Always consult with an attorney before refusing to answer.

Q: What happens if you decline a subpoena?

Declining a subpoena can lead to legal consequences, including being held in contempt of court. If you believe the subpoena is invalid, you should file a motion to quash it rather than simply ignoring it. Legal advice is recommended in such situations.

Q: Can you ignore a deposition subpoena?

Ignoring a deposition subpoena is not advisable and can result in serious consequences, such as contempt of court. If you have concerns about the subpoena, it's important to seek legal guidance and potentially file a motion to quash it instead of ignoring it.

Q: What to say in court if you don't want to answer a question?

If you don't want to answer a question in court, you can state that you refuse to answer based on a legal privilege or that the question is irrelevant or harassing. It's best to consult with an attorney beforehand to ensure your response is appropriate and legally sound.

Full question:

I have been subpoenaed to appear for a deposition. I am a wittness in the case. Can I refuse to answer a question or request that a judge review the question to see if it is revelent to the subpoena? I am concearned that this deposition will be used as a fishing expedition and some questions may be embarrassing to me.

Category: Discovery
Subcategory: Depositions
Date: 04/07/2025
State: Florida

Answer:

It is permissible to object to certain questions in a deposition that are asked in bad faith or in such a manner as unreasonably to annoy, embarrass or oppress the deponent. Privileged information may also be the basis for an objection. However, the questioner may generally ask any questions which are reasonably calculated to lead to the discovery of relevant evidence.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you refuse a subpoena for deposition?

Generally, you cannot refuse a subpoena for deposition without a valid legal reason. If you believe the subpoena is improper or overly burdensome, you can file a motion to quash the subpoena in court. It's important to address any concerns legally rather than ignoring the subpoena, as failing to comply can lead to legal penalties.