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<p>Law Office of<br>
<strong>F.ANDREKITA SILVA</strong><br>
<strong>____________________________________________ </strong><br>
<br>
November 23, 2021<br>
<br>
List serve,<br>
<br>
May a defendant be deposed if service of process has not been had on them?<br>
There are multiple defendants in this action. Thirty days have transpired since the complaint was filed and since service was had on two of the defendants.<br>
<br>
An attorney has appeared for the third defendant and asked that all future pleadings, except original service of process, be served upon them.<br>
<br>
The third defendant has been evading service and attorney of record refuses to accept service or to provide any information that will enable the process server to perform abode service or to find defendant outside of their residence. To secure information necessary to serve them, I have noted this defendant’s deposition and I served that notice on defendant’s attorney.<br>
<br>
Defense counsel claims defendant has no obligation to appear at a deposition as there has been no personal service on that defendant. I say CR30 permits us to depose the milkman or the man in the moon if we want, but specifically to depose “any party” since we have filed the action.<br>
<br>
What say you?<br>
<br>
I apologize if you receive this multiple times. I have posted on multiple listserves.<br>
<br>
andrekita<br>
Law Office of F. Andrekita Silva<br>
1325 Fourth Avenue, Suite 2000<br>
Seattle, Washington 98101<br>
206-224-8288<br>
www.seattle-silvalaw.com<br>
<br>
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