A guard is served with a civil subpoena to testify at deposition or trial about an observed incident. The guard should:

Question

Accepted Answer

Notify the PPO/employer and counsel immediately, preserve all notes and the original incident report, comply with the subpoena, and review materials before testifying to refresh recollection — failure to comply may result in contempt under CCP §1991

Answer

Ignore the subpoena unless the witness fee is paid in advance, since a private employee owes no duty to a party that has not compensated them for their time

Answer

Destroy the incident report so that it cannot be used against the guard or the operator at the deposition, and then testify only from memory about what happened on the day in question, since a recollection that is not written down anywhere cannot be contradicted by a document

Answer

Refuse to answer any question at all by citing the privacy of the persons named in the report, which places the burden squarely on the examining lawyer to obtain a separate court order compelling each answer before the guard is required to say anything

A guard is served with a civil subpoena to testify at deposition or trial about an observed incident. The guard should:

Explanation

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