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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41221
Experience:  I provide basic personal injury advice to my clients in my own practice.
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I have had 3 different answers to this. I received a "notice

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I have had 3 different answers to this. I received a "notice of deposition" for a federal case in Ohio. I am the plaintiff. I have been told I do not need to motion for quash, as it is not a subpoena. However, someone else told me to motion to quash or motion for protective orders. Can anyone tell me if it is necessary to respond to a "notice of discovery" and not a subpoena in Ohio? Id truly appreciate it. thank you

Thank you for your question. Please allow me to assist you with your concerns.

It is not necessary to file a motion to quash in this instance. It is not a subpoena, it is a request to depose, which is somewhat different. There is no requirement under Ohio rules to respond to this 'notice of discovery', you can simply choose to be deposed as the opposing party is requesting.

Good luck.

Customer: replied 4 years ago.
thats the problem, they want to depose me in Ohio, 1,000 miles away, and i cannot go there for that. I offered a videoconfernce instead, they did not agree. They want to force me to come there, so i want to deny them that, when it is likely a judge would allow a videoconference instead, which is much less burdomesome.

Thank you for your follow-up.

In that case you would need to file for a quash of notice of deposition on the basis of the deposition being inconvenient. Typically if you have to travel more than 250 miles, a request to do the deposition via teleconference, or at the expense of the deposing party (travel, time, etc...) are reasonable demands. You can demand that they come to you but as that travel is unreasonable and expensive, you can request instead that the judge either permit you to testify via skype or other mediums, or they come to you for the deposition.

Good luck.

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