Haytham,
I received your voice message about looking
for a subpoena for Carver. I gather you are looking for a form. It
is my understanding that the subpoena must be issued by a Virginia court that has jurisdiction over
Carver. So rather than using an Illinois
subpoena form, I expect you will need to use the Virginia form. However, I expect that
there is some information that the Virginia
court may require in order to issue a subpoena in aid of an action pending in Illinois. I
presume your colleagues in your Virginia
office are in a better position that we are to find out what a Virginia court would
require.
Judge Maddux, the judge who heard the
recent motion relating to Carver expressed his view that a Virginia
court reporting firm may well be able to assist with the issuance of a Virginia subpoena.
Here’s what Judge Maddux said:
“All
you have to do is just serve a notice for this deposition. Send that to
the clerk of the courthouse in Virginia,
and they'll give you a number where a subpoena can be issued, and that subpoena
can be issued and used on the person. This is the Uniform Taking of
Foreign Depositions Act, nothing more than that. And it's a very simple
process. And what you do is you've got to hire a court reporter. I
used to just -- give this to the court reporter, who would get the subpoena
served and make that a part of their charge, you see.”
In case you need it, attached is the notice
of deposition that we served previously. Beyond that, I’m not sure
what you were asking for in your voice message.
Also, as you saw from Carver’s email
that I forwarded to you yesterday morning, if there are specific dates other
than March 10-11 that you want us to offer Carver that work for your schedule,
please let me know what those are so we can figure out whether there is a
mutually agreeable date that we can set for Carver’s deposition.
Regards,
Kevin
From: Haytham
[mailto:haytham@puckettfaraj.com]
Sent: Friday, February 25, 2011
9:59 AM
To: John Murray
Cc: Kevin Duff
Subject: Re: (Cynowa v. CSSS)
Subpoena for Larry Carver...
I have Neal working on
it. I'm in trial this week and next.
Sent from my iPhone
Haytham:
Just
checking in with you to see if there’s anything you need from us as it
relates to getting a Virginia
court to issue a subpoena for Larry Carver’s deposition. Thanks.
John E. Murray, Esq.
Associate Attorney
Rachlis Durham Duff & Adler, LLC
542 South Dearborn Street, Suite
900
Chicago, IL 60605
Office: (312) 733-3950
Direct: (312) 275-0338
Mobile: (810)
824-7197
Fax: (312) 733-3952
Email: jmurray@rddlaw.net
Firm website: www.rddlaw.net
RACHLIS
DURHAM DUFF & ADLER,
LLC E-MAIL CONFIDENTIALITY NOTICE
This
transmission may be: (1) subject to the Attorney-Client Privilege, (2) an
attorney work product, or (3) strictly confidential. If you are not the
intended recipient of this message, you may not disclose, print, copy or
disseminate this information. If you have received this in error, please reply
and notify the sender (only) and delete the message. Unauthorized interception
of this e-mail is a violation of federal criminal law.