Deposition

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  • #3921

    Crawdaddy
    Participant

    Is there a law or rule in Louisiana that says who can or can’t attend a deposition?

    Can I attend the deposition of someone who is being deposed for the opposing side?

    Thank you,
    CrawDaddy

  • #3922

    Lex
    Keymaster

    Depositions are pretty much run by the lawyers who arrange the deposition -especially the lawyer who is taking the deposition. So, whatever they agree to can be done as far an who attends.

    Absent an agreement, depositions are limited to the parties to the lawsuit, assuming we are talking about a deposition for a pending suit. If someone is not a party to the suit (plaintiff(s) or defendant(s)), then they cannot compel anyone to allow them to attend.

  • #3924

    Crawdaddy
    Participant

    Thank you for the information.

    CrawDaddy

  • #3962

    Crawdaddy
    Participant

    Can I refuse to go to workers comp deposition? They are deposing me to try to determine my capacity to work. Over the last 20 years I’ve had 3 different employer selected Thoracic Surgeons deem me as permanently disabled, but the employer just doesn’t want to give up trying.

    What can happen if I refuse to go to deposition? Does the opinion of 3 different surgeons hold some weight at the end of the day and in court?

    Thank you,
    CrawDaddy

  • #3963

    Crawdaddy
    Participant

    Forgot to mention, most recent determination as permanently disabled by Thoracic Surgeon was 2 days ago.

    Thank you,
    CrawDaddy

  • #3964

    Crawdaddy
    Participant

    Also should mention that I have been declared permanent and total disability by Workers Comp for over 10 years and also receive SSD.

    The deposition almost seems like harassment after all these years.

    Thank you,
    CrawDaddy

  • #3965

    Bassmaster
    Participant

    If you were served with a subpoena, then you have to go. Failure to attend could, at the least, jeopardize your case. You could also be charged with all the expenses (court reporter, lawyer fees) for failure to appear.

  • #3966

    Crawdaddy
    Participant

    No subpoena. Just my attorney emailing me saying the employers attorney wants to depose me on a certain date. No letter from the court or anything like that.

    At what point does the opinion of 3 different specialist saying I’m permanently disable have more weight than all these tactics the employer is trying? I’ve been permanently disabled for 10 years.

  • #3970

    Lex
    Keymaster

    I did not notice this post until now.

    Let me add to what Bassmaster said: It is routine for Workers’ Comp carriers to question or depose the applicant from time to time. They know that sometimes it leads to grounds to get a claim dismissed. One ground could be failure to cooperate with continuing qualification issues.

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