Q: Does the plaintiff have to give a deposition to defendant for a personal injury case prior to mediation?
My wife is the plaintiff and is in pro per. We have agreed to mediation for ADR. The defendants attorney has asked my wife to give a deposition. Is she required to?
A: Yes, she has to submit to a deposition when the defendants request it, unless there is a good reason to request a different date. I would not recommend a mediation without the defendants having completed significant discovery, including depositions. Having them know more about your wife's case, injuries and recovery will help everyone evaluate the case.
A:
If the case has been filed and he noticed a deposition then yes. This is not a good idea to do the case / depo without an attorney if you have never done one before.
Any reason why you are doing this without an attorney?
William John Light agrees with this answer
A: By the way, your wife is crazy for representing herself in pro per. If she can find an attorney to represent her, she would be much better off.
A:
Much more info needed.
Why is she pro per? is it b/c other lawyers will not take the case? If she has a good case she should retain a lawyer. She can ruin her case in a depo or mediation with counsel.
Yes, if she is suing they have a right to a depo. How else would they know how much to offer if they do not know all her damages and how well she would do in front of a jury etc. They have to size up the case.
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