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Keywords

plaintiffdefendantjurisdictionattorneydepositionappealmotion

defendantjurisdictionattorneydeposition

Related Cases

Shapiro & Son Curtain Corp. v. Glass, 348 F.2d 460

Facts

The defendant Glass is a British citizen and a director of Everwear Candlewick, Ltd., which is involved in a separate action against Shapiro & Son Curtain Corp. Glass appeared in court for a deposition related to that action and was served with a summons and complaint in a suit by Shapiro. Glass moved to vacate the service, claiming immunity from service of process while attending court. The lower court granted his motion, leading to this appeal.

Issue

Whether the service of process on defendant Glass was valid given his claim of immunity as a nonresident attending court for a deposition.

Rule

Generally, witnesses, parties, and attorneys coming from another jurisdiction are exempt from service of civil process during the period required for their attendance in court.

Generally, witnesses, parties and attorneys coming from another jurisdiction are exempt from service of civil process during the period required for their attendance in court.

Analysis

The court analyzed the circumstances surrounding Glass's appearance in court and determined that his activities did not constitute conducting business that would negate his immunity. The court emphasized that the mere relationship between the actions did not justify denying immunity, and the potential inconvenience to the plaintiff was outweighed by the need to secure nonresident participation in civil proceedings.

The court analyzed the circumstances surrounding Glass's appearance in court and determined that his activities did not constitute conducting business that would negate his immunity.

Conclusion

The court affirmed the lower court's decision to quash the service of process on Glass, maintaining that the interests of judicial administration were paramount.

Who won?

Defendant Glass prevailed in the case because the court found that he was immune from service of process while attending court for a deposition.

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