hawkhill wrote:Confused7 wrote:hawkhill wrote:CivPro question:
When requesting a deposition or interrogatory of a non-party witness, what is the procedure? When do you need a subponea and/or do you have to get court approval?
Deposition - you need notice to depose a party. If you need to depose a non-party witness, you need a subpoena. There are 2 kinds of subpoena with long Latin names. One is for deposing a non-party witness and the other is to require anyone to bring documents to the deposition. You need court approval to depose more than 11 people or to depose a witness more than once.
Interrogatory - you are limited to 25 and can only serve them on the party. Though for matrimonial actions, I think you can serve an interrogatory on non-party witnesses who can speak to the financial situation of the spouses. You need court approval if you have more than 25 interrogatories.
This was perfect, thank you
No problem! Not sure if you caught it but I made a minor edit to my post above. You also need court approval to depose anyone before mandatory disclosures are given.