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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Our client was served with a notice of deposition and request

Customer Question

Our client was served with a notice of deposition and request for document production. Opposing counsel then called our office and requested we move the deposition to the following week, which we agreed to. Opposing counsel sent an amended complaint but it did not include a request for production of documents. Is there a rule that states that we do not have to answer the request for production of documents from the original depo notice since the second depo notice did not include the request for production of documents?
Submitted: 8 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 8 months ago.
I hope this message finds you well. I am a licensed attorney with over a dozen years of litigation experience. It is a pleasure to assist you today. In short, there is no such rule. The amended complaint does not reset the table, so to speak, relative to previously filed discovery documents, or make them moot in any respect, unless requested by the party that amended the complaint. As such, the same RFPD stand and should be timely answered in view of the impending deposition. Now, that being the case, in keeping things professional, a call to counsel opposite asking them if they desire to amend their RFPD in view of the amended complaint might be in order. This is a gesture of good faith that might be reciprocated down the line and also might save you some trouble if they amend it in a manner that better suits your client. That is the way I would handle the situation anyway - I kill them with kindness unless they take actions that make me think otherwise at this stage in litigation. Let me know if you have any other questions. Please rate my answer positively (three or more stars) as well. Best wishes going forward!
Expert:  Delta-Lawyer replied 7 months ago.
Did you have any additional questions or comments? I want you to be as comfortable as possible moving forward. Thanks!