I accepted a second timeLast follow up. The Defendant changed the county of the deposition but still failed to identify the number of days required for the deposition by using a biolerplate form I know that "from day to day until complete" is usually acceptable, but this is highly vague, especially when I live on the other coast,have limited financial means, and discovery has gone on now for 8 months.Is it at all possible to claim lack of specificity in the notice, or is there any possibility at all that I can request that the other side state why they need a deposition
Country relating to Question: United States
State (if USA): Connecticut
I am afraid they do not need to specify why they want to depose you since you are a party to the case and you know it is about the facts in your case. Also, the number of days would not be grounds to vacate or quash the Subpoena.
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What if they do not agree on the time chosen for the depositionFor example I have work responsibilities until late July - I will lose my employment if I do not work continuouslyIf I offer late July or August and they do not accept this can I file a motion to quash or a protective order
You are expected to negotiate discovery with the other party and they are expected to negotiate it in good faith without you running to the court with every little discovery issue. Thus, you need to contact them and give them alternative dates when you are available to give the deposition and follow up the phone call with a letter. If they refuse, then you file a motion to quash and you explain in there you made good faith effort to resolve the dispute and they refused to do so.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Thank you for the prior responses and hopefully this canbe resolved. I wished to send the following email to theDefendant who first offered the date of may 29 for depositionby notice without consulting with me at all "I have employment responsibilities until August 10The week of August 13 is availableThere is a pretrial conference on August 14 andthe deadline for Plaintiff depositions is August 31by scheduling order"Would you eliminate or rephrase anything above?If they refuse, I will do the motion to quash. The entirefall was scheduled for dispositive motions or depositions ofexperts and the trial date was not until May 2013 so thisshould not alter their timetable
Because you are making an offer to be deposed so close to the pretrial conference, you have to offer that you postpone the pretrial conference and the deadline for depositions for 30 days as well by joint stipulation. You also need to give them more options than just one week.
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