Depositions

There is a request to depose me; there isn’t a subpoena. What do I do?

At times, an attorney may simply informally request that you provide deposition or trial testimony or you may receive a defective or invalid subpoena. If your testimony is sought as the treating physician, you ultimately can be compelled to testify by the issuance of a subpoena or by correcting the defect in a subpoena. Therefore, it may be best to simply cooperate with the attorney’s informal request or with the subpoena, despite its defect. By doing so, you will likely find it easier to negotiate with the attorney as to when and where your deposition will be conducted. Or, the attorney may agree to depose you at some place and time convenient to you before trial, and use that deposition testimony at trial rather than require you to attend.

Who schedules the deposition?

Scheduling of depositions should be done through your own administrative staff. As a University employee, you should contact OLA if you have questions about the subpoena, need guidance on how to proceed, or if you believe that your testimony may lead to you or another University or UWHC employee becoming the subject of a medical malpractice action.

Who do I contact if I still have questions?

If you have additional questions concerning the scope of testimony that you can be compelled to give in response to a subpoena and you are a University employee, please contact OLA at 263-7400 for more information. If you are an employee of UWHC and have further questions, please contact UWHC Risk Management at 263-9202 or 263-0994.