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legalgems, Arbitrator
Category: Real Estate Law
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QUESTION} I have a second deposition in my divorce

Customer Question

QUESTION} I have a second deposition in my divorce proceeding,I was disposed for over 4 hrs. They had all my financial data so all the opposing side did was make me read out loud each and every deposit and with draw attorney wants me there for a additional 5 hrs? Can this be legal? It sounds more like a interifation,he even admitted its wasted questioning what is the legalities that a attorney can question for that long?, even though my attorney states they basically are questions the judge does t care about where and what can I do I have a disabled son and this seems like wasted time?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  legalgems replied 5 months ago.

What state is this in regards ***** *****?

Customer: replied 5 months ago.
New york
Expert:  legalgems replied 5 months ago.

Thank you for your patience;

here is the rule governing oral depositions, with commentary below:


At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26.03. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Rule 37.01(4) apply to the award of expenses incurred in relation to the motion. [As amended July 1, 1979.]

So while the federal rules (only applicable in federal court ) limit oral depositions to 7 hours absent a stipulation or court order pursuant to Federal Rule 30, the state rules do not address length; however, a party may make a motion to the court under the above rule requesting the court to terminate the deposition.

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Expert:  legalgems replied 5 months ago.

I came across this resource while helping another customer:

If you have access to the library (many can order books from sister libraries), you may want to get one of these books on discovery so you know what is allowed and not allowed to be asked in a deposition. Your attorney will know this but you may be interested.

Also please see:

here (objections)

Customer: replied 5 months ago.
Thank you
Expert:  legalgems replied 5 months ago.

You are most welcome;

Thank you for using JA.

Glad to have been of help.

If you have no further questions, kindly rate positively. thank you!

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