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A and B (opposing parties) both file their discovery requests

Resolved Question:

A and B (opposing parties) both file their discovery requests and responses. Discovery closes. Neither filed motions to compel. After the close of discovery, B notices A's deposition to take place well under 30 days later. B directs A to bring with her to the deposition: (i) documents not requested during the discovery period; and (ii) documents already requested to which A had objected in written responses and did not produce during discovery.

Questions: (1) Can B circumvent the 30 day document response period for parties by directing party A to being documents to the deposition?; (2) can B add new document requests (the depos notice was served before the close of discovery but the court order said discovery had to be served more than 30 days before the close of discovery to allow time for response); (3) can B file a motion to compel after the close of discovery with respect to documents requested of and objected to by A during discovery, which A will not be bringing to her deposition based on the same objections?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Ellen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

So long as the deposition is properly noticed, there is nothing to prevent the deposing party from issuing a Duces Tecum demand with the deposition, requiring the deponent to bring records to the deposition with them that could otherwise not be obtained through discover which had already been closed---such a requests for Production of Documents.

This does not prevent A from objecting to the production of the documents. Neither does it prevent B from filing a motion to compel with the court following the objection and appearance without the demanded documents.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of legal and litigation experience.
LawTalk and other Personal Injury Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Ellen. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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