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.