I live in Florida technically own a house that is being given to me in some estate planning plan. I generally have nothing to do with the house, which my mother lives in and runs.
A while back there was a fire, and my mother hired some scam public adjusters to work on the case. They stole property from the house and my mother is suing them.
The opposing party is trying to require me to travel to NY for the trial. There is no need for such involvement by me because I have no direct knowledge of anything in the case. I’d be quite happy to swear out a deposition under oath here in Florida.
It seems though that he only information I have is that I am the person whose name is on the deed, and that I approve of the lawsuit my mother is filing on my behalf. Can’t that just be done via a notary?
It appears that he other party is trying to compel me, merely because they think there is some possibility I will not come down.
Can I be required to go if there is no real purpose other than to hassle me? And how does it work? I presume that he other party has to go to the judge–would he just issue a subpoena (in which case I would go), or is there a possibility that he would not do that but dismiss the case without giving me a chance?
Yes, I plan to speak to a lawyer.
<<Are you a named party in the case?>>
I’m not sure what that means.
Technically I am probably the one bringing the lawsuit because my name is on the ded and my mother is probably technically suing on my behalf. but I have no relevant testimony to give–I have prety much nothing to do with the house and have no direct information relevant to the case.
It’s not like I am the one being sued, if that is what "named party" refers to.
Jimbo_A said:
Oct 26, 09 at 2:16 amIf you are served a subponea from a judge or court, then you should go otherwise a warrant for your arrest could be made.
If you’re not subponeaed, then don’t worry about it.
Common said:
Oct 26, 09 at 8:55 amAre you a named party in the case? If so, there is an extremely good chance that they will be able to force you to travel for the trial. If you are not, then you can ask the court to allow you to appear telephonically or via some other method since your personal appearance would create a hardship. It would be a very good idea if you consulted with an attorney.
Edit: "Named party" means that your name appears in the case’s caption - ie, you are a Plaintiff or Defendant. Assuming you are, then the court won’t even need to issue a subpoena for your presence. Most local court rules will require the named parties to be present at any trial or substantive hearings. It will be up to you to secure permission from the court to be absent.
Again, given the situation you describe, I would assume that you will be able to get permission to appear by telephone or some other method. You should consult an attorney that is licensed in NY since that is where the case is proceeding.
fwf43 said:
Oct 26, 09 at 9:23 amAn affidavit may suffice in this case. As you stated, contact an attorney.