Thread: Can't get a nonparty witness to attend deposition

Hi,

I'm an attorney in Michigan and I have an assault and battery case concerning a large fight involving more than 20 people. There is a nonparty witness that has implicated my client, in fact, the court relied on his affidavit to allow my client to be added as a defendant.

The witness has been subpoenaed twice, once by co-defendant, and once by us, to appear for his deposition. He has called a few hours before each deposition to say he was unable to attend. I want to move to have his testimony stricken, but I am having problems finding case law to support it.

Has anyone ever filed a motion similar to this? If so, what was your basis and were you successful?

Thanks.

I am also looking for a answer of a similar question.
Thanks

The op is about 2 years old but it can be a challenge especially with the 5th amendment. Any word on this?

First, is this action civil or criminal? I assume it is civil (tort) in which case, the 5th or 14th is not of much aid. Look to contract law for case law. In the real world, you have to use your best "salesmanship" and talk to this dude in no uncertain terms that he has a duty to testify IF YOU THINK YOU CAN DEFEAT THIS DUDE'S STATEMENTS. Otherwise, relax and say nothing. His unsupported statement is admitted (maybe) and you destroy it. Win-Win.