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LawTalk, Attorney
Category: Personal Injury Law
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Experience:  I have 30 years of legal and litigation experience.
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A and B (opposing parties) both file their discovery requests

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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?

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.

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