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If we cant finish depositions on the scheduled date because

If we can't finish depositions...
If we can't finish depositions on the scheduled date because of time constraints, can I schedule an additional day? If so, would i have to send out subpoenas again?
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Answered in 18 minutes by:
6/3/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

A deposition notice should state that the deposition shall go on from day to day until it is finished, the subpoena should state the same thing (i.e. "ordered to appear at ____ (date and time) for a deposition and shall attend from day to day until released.")

The only constraints you have are the time limitations set on how long you may question the witness in the rules of civil procedure (generally 6 hours per side).
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Customer reply replied 4 years ago


The problem is I originally told opposing counsel that I was only goint to need 1 1/2 to 2 hours for depostions but since then I want to depose an additional person and will probably need a total of 3 hours. Do I need to stop despositions when I am finished with all my questions or do I have to end promptly when opposing counsel says she needs to leave?

If you noticed the depositions, then you are not at the opposing counsel's mercy as to time. You have 6 hours for each witness and you may use that amount of time fully. Opposing counsel is going to whine and tell you that you are wasting time and that you should hurry up and that he/she has to go. Tell them that if they have an objection they can state it on the record but otherwise you are entitled to 6 hours per witness and you intend to use all the time you need. If they get up and walk out, you tell them "do whatever you believe you are entitled to do, but I'm going to file a motion to compel and for sanctions regarding this matter as you are violating my rights to question these witnesses for the amount of time I'm allowed under the Rules of Procedure" If they walk, then you can ask the court for sanctions and to order additional deposition time for the witness that you want to question further.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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