General Deposition Question:I have a deposition scheduled for this Tuesday July 10th. The other side agreed to the deposition originally about 3 weeks ago yet is now telling me that they are going to pursue a protective order for various reasons. My question...if the other doesn't get the actual protective order by Tuesday yet let's say they did pursue say this Friday and Monday but let's say both the judge and maybe his back-up were on vacation. Does the other side have to move forward with the depo. or can they say that because they are in process of pursuing the prot. order they are not compelled to attend until resolution. Thanks.
State/Country relating to question: Virginia
Hello, my name is XXXXX XXXXX X'll answer your question.The deposition is on, unless and until the other side gets a protective order. And that order probably wouldn't forbid the deposition totally, but rather give some limitations (pertaining to whatever their reasons are, which you didn't mention.)My suggestion is, you show up at the deposition. Its possible the other party will just boycott the deposition, but, if there's no order yet, they run the risk of being ordered to pay for your time and costs.Have I fully answered your question, or do you have a follow-up?
Jack, this is helpful. Here's my concern...I have a GAL coming, a court reporter, my brother from 3 hours away, etc. If they just boycott it without the actual prot. order will they need to compensate all parties and if so how will I know on July 10th @ 9am start time if they got the actual prot. order or not because he might get it at 3:00 pm on Monday afternoon, does somebody have an obligation to make sure I sit so I can tell all those parties to not show up?
Well, you pose a tough one here ... You can call the clerk's office (or the judge's secretary) on Monday afternoon to ask if an order has been entered; but there is possibly a little gap there between your inquiry and the 'last possible moment.'The second part of your question is easier; if the other side just boycotts, they are responsible for all reasonable expenses resulting from their misconduct. The process is a motion for contempt, and you should ask that they pay the GAL's time directly. If you brother is the deponent, you can ask for the court to compensate his expenses too. However, it is all up to the judge on the motion for contempt, so it depends on what he/she thinks are reasonable expenses. Informally, it also depends on what he/she thinks of the reasons for the protection. To just boycott is a high risk game ... not knowing the people, the issues, and the back story, its impossible for me to guess whether that may happen or not.
Last question short question and I'll accept. Can I send a pre-emptive letter to the court explaining why any attempts to derail the depo. (ie. my version of events) should not take place for reasons X,Y, and Z so that when he gets the request for prot. order he will at least have both sides of the story in his hands? Thanks again.
The proper procedure would be for the other side to serve you with a copy of their motion for protection, giving their reasons; you could have a response prepared to zip right in there.It's not exactly wrong to send a 'pre-emptive' letter to the court; I personally wouldn't do that as it might raise issues which, for one reason or another, the other side decided not to raise.
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