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Defendant Depositions in a personal injury lawsuit

The other day in my daily blogs, we explored where a deposition could take place if you were a plaintiff in a lawsuit. There is a distinction in the statute for where the deposition is to occur if you are a resident of the state, as opposed to a non-resident. Today’s blog, will focus on where you have the right to take a deposition of the defendant.

Sec. 804.05 (3) WI Stats., addresses where the deposition is to take place.

1. Resident defendant.

“Any party (this includes a defendant in a lawsuit), may be compelled by notice under sub. (2) to give a deposition at any place within 100 miles from the place where that party resides, is employed or transacts business in person, or at such other convenient place as is fixed by an order of court.”

2. Non-resident defendant.

“A defendant who is not a resident of this state may be compelled by subpoena served within this state to give a deposition at any place within 100 miles from the place where that defendant is served.”

Defense counsel will automatically want to take a deposition (oral testimony) of you as a plaintiff in a personal injury lawsuit. Your attorney should likewise, get in the habit in every personal lawsuit, of deposing the defendant as well, along with of course, any pertinent witnesses to the accident case.

If you have questions about being in a personal injury lawsuit, call one of our experienced personal injury lawyers today at Karp & Iancu, S.C.

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