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Old 12-23-2018, 08:00 PM   #1
Bennet
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Default Deposition of plaintiff from out of state

If a plaintiff from AZ files a suit in New York do they automatically subject themselves to being deposed in New York as well?

The P lives in AZ and says he can't come to NY for the depo but he DID file suit in NY!
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Old 12-24-2018, 12:55 AM   #2
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Default Re: Deposition of plaintiff from out of state

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Originally Posted by Bennet View Post
If a plaintiff from AZ files a suit in New York do they automatically subject themselves to being deposed in New York as well?
Yes.

Quote:
Originally Posted by Bennet View Post
The P lives in AZ and says he can't come to NY for the depo but he DID file suit in NY!
If he refuses the depo in NY he could be held in contempt or just get his lawsuit dismissed.

What's he going to do when he has to go to NY to testify in court?

Pretty stupid to file in NY and not be prepared to go to NY to pursue the litigation.
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Old 12-24-2018, 08:26 PM   #3
Highwayman
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Default Re: Deposition of plaintiff from out of state

Let the plaintiff register here and ask his own questions.
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Old 12-24-2018, 09:10 PM   #4
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Default Re: Deposition of plaintiff from out of state

If the plaintiff fails to appear the court on date there is a chance for his/her case get dismissed. Further, you can apply the court to issue an ex parte order in the case together with costs and damages against the plaintiff for dragging you into the unwanted litigation.
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Old 12-29-2018, 08:36 AM   #5
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Default Re: Deposition of plaintiff from out of state

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Let the plaintiff register here and ask his own questions.
That makes no sense.

I am the one trying to get plaintiff into a depo!!!

Bennet
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Old 12-29-2018, 08:37 AM   #6
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Default Re: Deposition of plaintiff from out of state

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Yes.



If he refuses the depo in NY he could be held in contempt or just get his lawsuit dismissed.

What's he going to do when he has to go to NY to testify in court?

Pretty stupid to file in NY and not be prepared to go to NY to pursue the litigation.
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Old 12-29-2018, 03:12 PM   #7
Highwayman
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Default Re: Deposition of plaintiff from out of state

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That makes no sense.

I am the one trying to get plaintiff into a depo!!!

Bennet
No you're not apparently. You are not the OP.
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Old 12-30-2018, 12:16 AM   #8
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Default Re: Deposition of plaintiff from out of state

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No you're not apparently. You are not the OP.
Probably is. Maybe didn't realize he could sign back in with his original user name.
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Old 12-30-2018, 07:17 AM   #9
Bennet
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Default Re: Deposition of plaintiff from out of state

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Probably is. Maybe didn't realize he could sign back in with his original user name.
Yes... exactly!
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Old 12-30-2018, 11:49 AM   #10
adjusterjack
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Default Re: Deposition of plaintiff from out of state

As long as you are back, how about some details.

You're in NY. Somebody in AZ sued you in a NY court and you want him to come to NY and sit for a deposition. He doesn't want to.

That much seems clear. Now indulge me with the following:

What city was the case filed in?
What court level? Small claims? Regular civil?
How much money is he suing for?
What allegations did he state in his complaint? Quote them word for word.
Who would take the deposition? Would you hire a lawyer? Would you question him yourself?
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