Sued for "failure to use the air conditioner"

[millerj]

Hi,

I lived in an apartment for 3 years. Right before I moved my landlord sold the building to a scumbag. The scumbag stole my security deposit and gave the reason that I "failed to use the air conditioner" and then claimed that this somehow magically damaged the walls.

I sued to get my security deposit back and he countersued based on his ridiculous AC theory. I've lived in Michigan since before I sued, but sued in Missouri. Now his lawyer has sent me a deposition notice saying I'm supposed to be deposed in his office in Missouri. I have no intent of attending, but I was wondering if anyone knew what the rule was? Shouldn't he have to come to me if he wants my out of state deposition?

 

[dee_dub]

This is more of a civil procedure question than a L/T matter.

Where the deposition occurs is governed by Missouri's small claims rules. However, I'm surprised Missouri provides for depositions in small claims matters at all. Pre-trial discovery is usually a function of the higher courts. Does the defendant's lawyer cite a rule requiring you to attend?

Assuming it IS allowed, I would not be surprised to find out that, if you sued in small claims in Missouri, you can be required to be deposed there. Small claims courts like to keep things local that way.