Recent Feedback
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
Optional Information: 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.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
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.
Experience: 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.