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Thank you for you detailed answer!
The document plaintiff is withholding is a set of blueprints. Plaintiff is a contractor and he was contracted to build a garage according to the blueprints which he drew and got it approved. I cancelled the contract before construction started due to his breach of contract and fraud. There is no question that this blueprints existed. It is in his possession all the time. He lied that he gave the blueprints to me to do a survey. I anticipated that he'll tell the same lie again at the depo. I know it is a lie because he didn't give me. What can I say to him? Can I tell him to produce it within 5 days or I'll file a motion?
What does it mean when you say "document would be at issue..." and what happens when something is at issue?
I sent a notice of deposition on Nov 16 to opposing counsel for Dec 17 without talking to him becaue it was our trial date. Then I sent an amended notice on Nov 27 to change the start time. I just got Objection to the deposition because it was unilaterally set, and that he will not be available until January. Court date was in Mar 18. The other side purposely delay deposition. If it is in Jan, they I won't have time to file motion to compel production because I have to wait 30 days. What can I do? Should I file ex-parte to continue trial. I continued it once and reopen discovery from Dec 17.
It was dated Nov 29, I received it Monday but I did not open the letter until today. When I sent them the first notice on Nov 16, I haven't heard from them that they were not available. Can I ask court to force them to depo?
I don't understand what the rule is saying which one applies to my situation?
In the Objection, it says plaintiff will not be appearing for the depo. Do I go to the depo regardless and then file a motion to compel immediately? Why I don't have to wait 30 days to compel. Why I can ignore their rejection?
Didn't you say filing motion to compel after depo is 20 days after completeion of transcript. It will take 10 days to complete trascript, that's how I figured 30 days. Not basing on 30 day rule. Are you saying I can file immediately since they object the deposition notice.
It was my mistake to set depo unilaterally giving them a easy to succeed in the delay game. There is no time to file ask court to force depo. I'll reset it. Can I response to them by telling them I will postpone it to first week of January. Can I threaten them that if they try to delay it beyond, I will file motion and ask for sanction.
I left him a message to OC. He hasn't returned call. He is purposely delay discovery. The court reopon discovery and continue trial to Mar 18 from Dec17 so I can complete discovery which is incomplete due to OC's delay tactic in previous discovery. Now he is doing it employing this tactic again.
I plan to let them set a date on January. They will try to delay it as much as possible. Can I then I file an ex-parte application to continue trial another month because OC delay it for a month. The ex-parte will give me a chance to go in front of the judge and let her know what OC is doing and sanction OC and help me to complete discovery by asking them to produce documents they were supposed to bring to depo.
Please explain why "you can file it immediately" when rule says 60 days from completion of depo transcript.
If I can file motion immediately, then it will be OK if depo is delayed to Jan. If I let them set it, they will set it late January. Can I set it on Jan 3 or 4 and let them choose it. If they delay it further, I'll threaten to file motion to compel deposition on Dec 17 and asked for sanction. Reminding them the court grant me limited time to complete discovery and hope he will be cooperative to aviod court time.
Can send letter via email or fax to expedite?
I am preparing a Request for Production Document - set Two, asking for documents that I requested in depo but not in Set one.
1) If I send it on Dec 7, when is the earliest date they should responded by.
2) Do I put my address as delivery locaiton since I have no office
3) Can I include a request for a verificaiton of his produciton of document which was submitted to me without verificaiton and I sent a letter requesting for it with no response?
1) Is Jan 10 calculate as 30 days + 5 days by mailing
2) Are they required to bring original documents to my house at specified time or they can mail copy with verificaiton? In case the address of delivery changes after sending request, can it be done by letter or phone or fax without sending the need to amend the original request
3) I gave them 10 days to submit verificaiton, so I have to wait until 10 days before requesting? Would you include it in request production or you would move to compel?
I would like to know the option to compel deposition Dec 17. Is there time to file it next week? I need court to help me because is evasive and uncooperative. If so can you advise me how.
When I file motion, it is always at least a month away. How do I file motion and be heard immediately like an ex-parte application. Can I file an ex-parte application to compel deposition.
I don't think I'll get sanction. Though set unilaterally but it doesn't give OC the right to purposely delay depo.
Is it a rule that depo has to be set unilaterally? OC set it unilaterally when he depose me.
I faxed a letter to OC asking him to select a date in the first week of January. If he doesn't respond in 5 days, can I send him a notice of deposition with unilaterally set date right away with further warings?
The first sample site you sent me is invalid. Seems the address is truncated at the end.
I faxed a letter to OC last night. I I will set depo for Jan 3 if I got not response.
You have been great help.
ZDNLaw,I sent letter to OC schedule a date in first week of January and asked him to pick a day. He responded asking me to give him 5 days. Can I tell him now that I object to his objection because it is invalid. It is not mandatory to set depo date mutually and there is no rule against setting it unilaterally specially when it is done in good faith. I served notice on Dec 16 giving you 30 days for Dec 17 deposition while he made himself unavailable knowing I schedule a Dec 17 date. Can I tell him I'll file motion to compel deposition now?
Optional Information: Country relating to Question: United States
I asked him to pick a date on the first week of Jan. He did not do so, nor offer his available dates. He responded without responding. This what he wrote:
'Please provide me with five dates on which you can make it for his depo and I will check his calendar, and my own, so that we can get it arranged'
I will respond giving him 14 days to choose from Dec 18 to Jan 8 and I will not be available from Jan 11 to Jan 31. I will not agree on a Feb day as it is too close to discovery cutoff unless he would stipulate to a trial and discovery continuance so I can complete discovery. My last resort is to file motio to compel. Can I go ahead with the motion because his response is evasive and stalling.
I'll send him a formal letter, objecting to his objection giving reasons why it is invalid. I already give him three dates in Jan and now he is stalling. I will go to Dec 17 depo or he give me a date in first week else I will file motion to compel due to non appearance. Will it work?
OC sent their Objection to Notice of deposition on pleading. If I object to his objection, do I also need to put in pleading paper and served within 3 days of depo date?
Do I have time to file motion to overrule objection and compel depo when depo is on this Monday, Dec 17.
Doesn't OC has to file motion to squash my depo notice instead of me filing to overrule his objection?
OC responded via email today. He picked Jan. 3 at 1:00 P.M. I insist he pick a day that he can do 10:00 A.M. if not, he will attend Dec 17 at 10 A.M. He is expect to respond by tomorrow 3:00 P.M.
Do I need to send letter to tell him Dec 17 is if can't accommodate or email will do?
He responded because I wrote him that his objection is invalid and I expect him to attend and I will file motion when they don't show unless he pick a date in January. I think OC wanted to avoid a motion to compel.
I sent him an offered 3 options: 1) pick another day he can start at 10 A.M. 2) depo will be Jan 3, 1:00 P.M and Jan 4, 1:00 P.M. 3) adhere to Deposition notice of Dec 17.
What happens if I file motion to compel after the Dec 17? Is he required to attend hearing or he can simply squash it saying he sent Ojection?
I am settling with OC to have depo on Jan 3, at 1 p.M. I will finish depo that day even though I'll have more questions so not to give OC an opportunity to delay discovery further.
I know plaintiff will not bring all documents requested at depo, so I need to know for sure when I can file motion to compel. I thought I have to wait until the completion of depo transcript estimated to 2 weeks + 10 days (reporter will take 2 weeks to prepare transcript and then at least 10 days for all parties to sign). Your previous response is:
"Let me clarify what I'm saying. I do not agree that there is any rule which says you have to wait for the deposition transcript to be finished before you can file a motion to compel."
and later your response is:
"Deadline 60 days: Motion to Compel must be filed within 60 days from the completion of the deposition transcript."
So is it correct that I have to wait for the completion of depo transcript and then file within 60 days from it? Depo is Jan 3, I can not file immediately until later at end Jan.
I have problem interpreting the rule: " you must file the motion within 60 days after the transcript becomes final." so, if I file before transcript is final, is it considered within 60 days of transcription completion?
If I win motion to compel production of document, how many days does the other party have to deliver documets?
question regarding to 2025.480(d) rule -
1) how do I lodge with the court a certify of the portion of transcript...
2) Does lodge means file? If so, do I file it with a is it by preparing a pleading and attach it. What would the caption of this pleading be.
3) Do I send a copy to OC?
Educator, Esq: Follow up question: Is the following
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