Subpoena for Deposition

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Old May 31, 2012 | 06:28 PM
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Subpoena for Deposition

Anyone have one of these before? I'm a volly FF and went POV to a wreck, first on scene, and now I get handed one of these. I don't normally record debriefings at the station, but I am going to start now, just in case this happens again.
 
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Old May 31, 2012 | 06:54 PM
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No, but you have to do it, unless some one changes they're plea.
 
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Old May 31, 2012 | 07:33 PM
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Nothing unusual about it and you may find some good comes of it. A couple of years ago, I witnessed a young lady blatantly run a red light and broadside a car next to me. I wheeled around, called 911, blocked the road and assisted the injured driver. I also left my name with the police.

Several weeks later, I get a call from a lawyer asking if I'd be willing to give him a phone deposition. After a few preliminary questions, I told him, "Look, I don't know who you're representing, but I'll get on any stand you want and describe in painstaking detail how the young lady in the Cobalt ran that red light and how I can prove it beyond a shadow of a doubt." That pretty much ended the conversation. Since I never heard another word, want to guess who he was representing?
 
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Old May 31, 2012 | 07:55 PM
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I was Subpoenaed in Orlando back in 19 & 83. I was the victim of a hit and run (driving my old 1951 F-1, flathead 6, I miss that truck) and had to describe the details of the event. I've also been fed er ally subpeonaed, which was gut wrenching in it's own right. Just tell the truth (of course). If you think this subpoena is for something you may have done wrong/incorrectly/improperly, then call an attorney. If it's an insurance company doing the subpoenaing, don't sweat it.
 
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Old May 31, 2012 | 09:00 PM
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Originally Posted by 2stroked
Nothing unusual about it and you may find some good comes of it. A couple of years ago, I witnessed a young lady blatantly run a red light and broadside a car next to me. I wheeled around, called 911, blocked the road and assisted the injured driver. I also left my name with the police.

Several weeks later, I get a call from a lawyer asking if I'd be willing to give him a phone deposition. After a few preliminary questions, I told him, "Look, I don't know who you're representing, but I'll get on any stand you want and describe in painstaking detail how the young lady in the Cobalt ran that red light and how I can prove it beyond a shadow of a doubt." That pretty much ended the conversation. Since I never heard another word, want to guess who he was representing?
 
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Old May 31, 2012 | 09:05 PM
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Originally Posted by nu-supercrew
I was Subpoenaed in Orlando back in 19 & 83. I was the victim of a hit and run (driving my old 1951 F-1, flathead 6, I miss that truck) and had to describe the details of the event. I've also been fed er ally subpeonaed, which was gut wrenching in it's own right. Just tell the truth (of course). If you think this subpoena is for something you may have done wrong/incorrectly/improperly, then call an attorney. If it's an insurance company doing the subpoenaing, don't sweat it.
It's nothing on me, it was for a drunk driver's accident I was first on scene to. This is my first rodeo and when the defendant's lawyer called me and asked me a few questions, I told him I believed the gentleman was impaired. Now I feel like I'm going to get grilled by both lawyers since I'm not LEO or Paramedic, and he knows it to. Why else would a defendant subpoena a FF unless he knows he can get me in the shadow of doubt. It's already too late for me to say: "I do not recall that"

But hey, I get reimbursed for mileage
 
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Old Jun 1, 2012 | 02:01 AM
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Originally Posted by Raptor05121
It's nothing on me, it was for a drunk driver's accident I was first on scene to. This is my first rodeo and when the defendant's lawyer called me and asked me a few questions, I told him I believed the gentleman was impaired. Now I feel like I'm going to get grilled by both lawyers since I'm not LEO or Paramedic, and he knows it to. Why else would a defendant subpoena a FF unless he knows he can get me in the shadow of doubt. It's already too late for me to say: "I do not recall that"

But hey, I get reimbursed for mileage
Contact your county department and make sure you follow their procedure when dealing with these types of things. Counties usually retain a lawyer that will walk you through what is going on. I'm not sure on FL's good Samaritan laws, but you may have been acting as an agent of your department when you responded. So if you make a statement, you would be making a statement without your departments approval. This can get you in hot water.

I'm not sure how your county is set up, but I would talk to your Chief or Battalion Chief and see what they say about it. Better to cover your *** then say something stupid and be dragged through the coals.
 
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Old Jun 7, 2012 | 06:31 PM
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Originally Posted by NoLongerJeepin
Contact your county department and make sure you follow their procedure when dealing with these types of things. Counties usually retain a lawyer that will walk you through what is going on. I'm not sure on FL's good Samaritan laws, but you may have been acting as an agent of your department when you responded. So if you make a statement, you would be making a statement without your departments approval. This can get you in hot water.

I'm not sure how your county is set up, but I would talk to your Chief or Battalion Chief and see what they say about it. Better to cover your *** then say something stupid and be dragged through the coals.
Talked to both the Chief and Battalion and they pulled up the Fire and Rescue report, but nothing of importance in them. They just ran me through everything (tell the truth, etc, etc) so I think I'll be fine. My Captain told me he's been to a few and usually around here they ask you 5-10 questions and rush you out the door.

But the learning experience from this is that I'm requiring all our members to fill out a run log for calls. I'm in at least 90% of those calls so that's the easy part, but it would be nice to be able to look back and read some notes you've written on the scene.

Thanks for the replies, everyone.
 
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Old Jun 11, 2012 | 04:27 PM
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Does your station not require you or any responding members to fill out patient care reports? I'm pretty sure it's standard that any time patient contact is made, a record of all treatment must be made and stored for a certain amount of time.

Either way good luck with it, like your Captain said, I'm sure it'll be quick and relatively painless. It's rare that your testimony is going to be the crutch that the prosecution is standing on.
 
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Old Jun 12, 2012 | 04:45 PM
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The higher-ups play with PCRs.

I went through the process today. The lawyers were very friendly and asked me professional questions, all taped of course. Then he turned around and handed me another subpoena to appear as a primary witness unless the patient/victim/prisoner/etc just pleas guilty to DUI.

But again, our little station is now writing run reports and semi-technical PCRs for serious stuff, should this happen again.
 
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