I’ve got a scary choice to make. I’m a plaintiff in a civil suit; really nasty clents didn’t pay ($23K), and admitted premeditated fraud in deposition. I promise I’ll detail the exciting events once it’s settled.
After 2-1/2 years, we go to trial in July. I need to subpoena the building inspector in my rural county. It’s pre-emptive; he used his discretion to allow two things – one that the defendant hasn’t brought up yet, but might. BUT – there is no paperwork on either – not atypical, but in the circumstances . . . Everything else was done by licensed subs, inspected, and is fine.
The two items are my (not a licensed plumber) moving a hose bib 10′ to the side of the addition that covered its old location (asked to me in deposition), and allowing the (8) 92″ high new DH windows to have non-tempered glass at 15″ from the floor. It’s a historic house, and I had Bilt-Best make some dupes of the existing, and installed them to match.
Don’t want to get on the wrong side of him; he’s the long time head of the department, and I ONLY work in this county.
Question – should I go talk to him first as a heads-up, before he gets the subpoena?
Forrest
Replies
I think it would behoove you to talk to him prior to the subpoena.
A great place for Information, Comraderie, and a sucker punch.
Remodeling Contractor just outside the Glass City.
Quittin' Time
I think most people appreciate a heads-up. Getting dragged into court is not pleasant for most folk and letting them understand why it's happening, what the circumstances are, etc. may prepare them better for that dreaded letter.
I've been subpoenaed several times to testify as a regulatory official in civil suits. It's part of the job. But I always appreciate knowing why before I get to court. Knowing why I've been subpoenaed allows me to be sure that I'm familiar with the details of the case, rather than having to sit and fumble through a paper file in order to answer a question.
It can't hurt to give him a heads up before he gets the paper.
I'd definitely let him know it's coming up. I'm sure he'd appreciate it.
But - I wouldn't go beyond that. If you ask him to say specific things or even APPEAR to be asking to back your position, I would be worried that might come back to bite you on the butt in court.
Maybe one of the lawyers on the board will comment on that....
Do you have a lawyer? If so, follow his advice. If not, I always try to let witnesses know they will be getting a subpoena, letting them know, to the best of my ability, when they will be expected to testify. I also usually try to give them a preview of what they will be asked and try to find out if there might be any surprises in their testimony if/when I call them. Calling a witness "cold" is usually an invitation for disaster.
Mike Hennessy
Pittsburgh, PA
Write out a deposition with what you want the Inspector to say. A carefully worded statement signed by the Inspector will make it so he does not have to show up.
Leave him a copy so he can change it and / or sign it. Judges always wants to see papers.