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Technology Stocks : Advanced Micro Devices - Moderated (AMD) -- Ignore unavailable to you. Want to Upgrade?


To: Petz who wrote (252263)5/21/2008 11:04:39 PM
From: graphicsguruRead Replies (1) | Respond to of 275872
 
I'm not a lawyer, and I don't play one on T.V.

That said, I think that if you're a subpoenee and
you don't want to testify, you plead hardship to
the judge, and he weighs the alleged importance of
your testimony against the alleged hardship to you.

But I believe if the judge says you have to testify
or be deposed, and then you refuse to show up, you can be
held in contempt of court.



To: Petz who wrote (252263)5/22/2008 9:30:52 AM
From: WindsockRespond to of 275872
 
would AMD have to get court approval to force someone to testify?

The answer is very different depending on whether the testimony is taken in the US or in some foreign country. In the US, if a witness refuses to comply with a subpoena, AMD can request a court to issue an order to compel a witness to give testimony. The failure to comply with the court order can earn the witness a trip to jail until they relent and give their testimony.

The ability to obtain testimony in foreign countries varies from very difficult to impossible depending on the particular country. The legal procedures to obtain foreign testimony are complex and vary with the law of a foreign country. A US District Court only has power with the United States so it can not compel testimony in a foreign country.