I have a personal injury case going to trial. My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition. I think she will make a good witness and I want her there. Can’t we just issue a subpoena and force her to come to trial?
Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court. The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.
One way to enhance the doctor’s deposition is to take it via video. The video is then shown to the jury and they will have an easier way to judge the doctor’s credibility.
Finally, you can always just ask the doctor to voluntarily appear at your trial. AS I stated above, she has the right not to go (unless the judge specifically orders her presence) but there is no legal reason why she cannot simply agree to testify in person at your trial