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To: street_lawyer
Is she a party to the litigation?

If so they need only serve notice of her deposition upon her attorneys of record.

They could serve that by mail.

59 posted on 02/22/2008 7:42:13 AM PST by BenLurkin
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To: BenLurkin
they need only serve notice of her deposition upon her attorneys of record. They could serve that by mail.

I agree with Ben on this point. So then what is all the fuss about, and why is there so much to do about nothing?

Clinton’s attorney declared that none of Hillary Clinton’s lawyers would accept a deposition subpoena on Hillary’s behalf.  This is an interesting question. What are the remedies for an attorney who refuses to produce his client for a deposition in a civil case in California?

Sole Energy Co. v. Hodges, 128 Cal. App. 4th 199: Parties failed to appear: The motions sought orders compelling attendance and production of documents at the depositions. Each motion sought sanctions of $ 2,921 against HBOC, Kaymor, and their counsel. Deponent failed to appear again, so the answer was stricken and default judgment entered. However in Hillary's case this I would think would not be the remedy that plaintiff would want. The Code of Civil Procedure Section 2023 authorizes additional, more severe sanctions for disobeying an order to provide discovery, including evidence sanctions and terminating sanctions.

The Civil Discovery Act ( § 2016 et seq.)also authorized contempt sanctions, which perhaps could include incarceration for disobeying a lawful order of the court. Now that would be very interesting right?

107 posted on 02/22/2008 8:27:07 AM PST by street_lawyer (Truth is a defense and the best offense.)
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