Defendant in Civil Court Case

[glenn walker]

A Summons is not a Subpoena and that's were confusion has not been disected in this thread. The OP was mailed a Summons asking him to appear regarding a case in which he may or may not end up being a party to. No matter what it's a heads up and gives him time to pull up the case and see what involvement he may or maynot have in the litigation. The rest is up to him and if he just ignores it then a Subpoena may be served at a later date.

Again i advise he go ahead and forward the Summons to his EO legal department for advice on how to respond they can at least get a jump start on any potential litigation or give him information on what to prepare for.

 

[djd09]

i wouldn't trust those E&O lawyers...they have their own biases...simply contact the court and ask them what is up...they cannot just blind side you inside the court it dont work like that

 

[glenn walker]

i wouldn't trust those E&O lawyers...they have their own biases...simply contact the court and ask them what is up...they cannot just blind side you inside the court it

He said it came from the Court Not From an Attorney ! A court Summons is different than a mailed letter from a attorney. Yes he needs to contact his court clerk and see what it is.

 

[shrubberyvaluation]

It is odd. Typically, the attacking attorney wants to first do a discovery, to see if they can find out that you actually did something wrong. Here it's go to court directly. This is interesting, please keep us updated. However, with your E&O attorney it may not go any further than this letter to appear.

I don't want to go into too much detail since its ongoing. The complaint is very vague. I'm assuming this is so they can fish in discovery.

 

[shrubberyvaluation]

If not served you don't go. If a witness check is not in your hand by court time, my lawyer told me to walk out. THEY HAVE TO PAY YOU BEFORE COURT STARTS, at least in Oklahoma.

Not sure who would pay me, I'm a defendant, not a witness.

 

[Terrel L. Shields]

Not sure who would pay me, I'm a defendant, not a witness.

OK. Then what did your E & O say?

 

[ZZGAMAZZ]

I don't want to go into too much detail since its ongoing. The complaint is very vague. I'm assuming this is so they can fish in discovery.

Is appraiser responsible for his or her E&O deductible even if it turns out that the lawyer wasn't necessary?

 

[shrubberyvaluation]

I'd contact the court for a copy of the complaint. They may want you as a witness or want a copy of your report or file.

All I do these days is court work, eminent domain/condemnation cases as a court appointed appraiser. I often receive a subpoena or letter from an attorney demanding my file and copy of my report. I tell them to contact the court and have the judge issue a motion to compel; I have no duty to anyone other than the court/judge.

If, in your case, the attorney wants your file, I'd tell them to have the court issue a motion to compel you to provide it; no big deal. You have a duty of confidentiality to your client and absent a court order, I don't give it to anyone.

So I can't give my file to my attorney without the court compeling it due to client confidentiality?

 

[djd09]

there is no way i step into a court room without knowing the questions they are going to ask.

 

[Sadie]

Is appraiser responsible for his or her E&O deductible even if it turns out that the lawyer wasn't necessary?

The lawyer has to be paid either way. There are no take backs in legal representation. Usually the charge based on what they have to do for you. The less they have to do, the less you pay. But you do pay.