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QUESTION} I have a second deposition in my divorce

Customer Question
proceeding,I was disposed for over...
QUESTION} I have a second deposition in my divorce proceeding,I was disposed for over 4 hrs. They had all my financial data so all the opposing side did was make me read out loud each and every deposit and with draw all.my attorney wants me there for a additional 5 hrs? Can this be legal? It sounds more like a interifation,he even admitted its wasted questioning what is the legalities that a attorney can question for that long?, even though my attorney states they basically are questions the judge does t care about where and what can I do I have a disabled son and this seems like wasted time?
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 5 minutes by:
5/25/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10,925
Experience: Just Answer consultant at Self employed
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What state is this in regards ***** *****?

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Customer reply replied 1 year ago
New york
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

Thank you for your patience;

here is the rule governing oral depositions, with commentary below:

RULE 30.04: MOTION TO TERMINATE OR LIMIT EXAMINATION.

At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26.03. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Rule 37.01(4) apply to the award of expenses incurred in relation to the motion. [As amended July 1, 1979.]

So while the federal rules (only applicable in federal court ) limit oral depositions to 7 hours absent a stipulation or court order pursuant to Federal Rule 30, the state rules do not address length; however, a party may make a motion to the court under the above rule requesting the court to terminate the deposition.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

I came across this resource while helping another customer:

http://lawlib.buffalo.libguides.com/content.php?pid=129993

If you have access to the library (many can order books from sister libraries), you may want to get one of these books on discovery so you know what is allowed and not allowed to be asked in a deposition. Your attorney will know this but you may be interested.

Also please see:

here (objections)

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Customer reply replied 1 year ago
Thank you
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

You are most welcome;

Thank you for using JA.

Glad to have been of help.

If you have no further questions, kindly rate positively. thank you!

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