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RayAnswers
RayAnswers, Attorney
Category: Personal Injury Law
Satisfied Customers: 41029
Experience:  Texas lawyer for 29 years in personal injury
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Once you notice opponent of a deposition date how many days

Customer Question

Once you notice opponent of a deposition date how many days does he have to object to the date? Does his objection have to be in writing?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

You would subpoena the witness here.You have right to take their deposition.He would have to file a motion to quash subpoena and get it heard prior to the date of the deposition.

Subpoena you use here

http://www.hcdistrictclerk.com/Common/Forms/pdf/CIVCP02_Witness_Deposition_Subpoena_Subpoena_Duces_Tecum.pdf

Expert:  RayAnswers replied 11 months ago.

In state court, the subpoena may be challenged by the person

who is the subject of the subpoena, the parties, or any other

person affected by the subpoena. TEX. R. CIV. P. 176.6(d)-

(f). A person who receives a discovery subpoena (for testimony or documents) may simply comply; or object, move to quash, modify, or seek protection from the court in writing before the time specified for compliance

in the subpoena.

TEX. R. CIV. P. 176.6.

Expert:  RayAnswers replied 11 months ago.

So bot***** *****ne they have to object here prior to the deposition date and have it heard by the court.You would also be notified of any filings.

I appreciate the chance to help you today.If you can 5 star rate when we are done it is always much appreciated.Thanks again.

Customer: replied 11 months ago.
Once I subpoena him with the deposition date and time how much time does he have to file a motion to quash?
Is a motion to quash the same as an objection?
Expert:  RayAnswers replied 11 months ago.

Yes he can file up to the deposition here but they normally file ahead of time so they can try and have hearing .Remember that Texas allows for such deposition , unless he can show good cause here it likely is denied.It is one thing to reschedule one , another to quash entirely.The judge likely allows the deposition.You can discuss any filing here to see if it is resolvable.Otherwise the judge decides.You have a right to depose someone, the date and time might change but not your right to do so.

Thanks again.

Customer: replied 11 months ago.
Defendant appearantly does not want to pay for a lawyer. I want to depose the doctor asap. I want to make sure defendant is given all the days he is entitled to file a motion to quash before I go through a depo of the doctor. So how many days will he have to challenge the depo. date?
Expert:  RayAnswers replied 11 months ago.

He would have to get it filed and heard here prior to the scheduled date.If he files late you can proceed if there has been no hearing on the motion.Thanks again and the best here.

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