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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am out of state and have a 2004 Bank Ruptcy Deposition

Customer Question

I am out of state and have a 2004 Bank Ruptcy Deposition scheduled, is it possible to be done by phone due to the distance , time and expense to appear in person? I am living and working over 1500 miles away and cant afford time from work or expense to attend in person. We have had our 341 hearing. Is this procedure allowed legally for me to demand it done by a phone conference with my attorney and the Trustee? Please advise
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
The answer is yes, this is possible, provided that:
1) ALL PARTIES AGREE to the deposition being via video, or
2) The party requesting it files a Motion for Leave with the Court and provides a compelling reason why this should be so. Then, it would be at the Judge;'s discretion.
So yes this is allowed (and not unusual) provided either 1 or 2 happen.
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