San Jose, CA asked in Personal Injury, Workers' Compensation, Civil Rights and Insurance Defense for California

Q: In a WC case, can the defendant party deny me appearing for my deposition by remote or electronic means?

I have a desire to appear by either telephone or by remote or electronic means for a deposition

The judge doesn’t seem to have a problem with it, since I can get a recommendation from my clinical treating therapist or get ADA accomodations.

The representing attorney said it was his deposition and denied me the ability to appear by remote or electronic means, which I believe is out of malice since the claim involves PTSD and Generalized Anxiety.

He wrote to me:” I plan on seeing you face to face!”

Do I have the right to object to take the deposition in person and orally? I have a care team who will support me with this.

2 Lawyer Answers

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you need to ask this in a Workers Comp forum...this is a PI forum.

most WC lawyers will give you a free consultation and if you are in the middle of a claim and do not have a lawyer..........shame on you.

William John Light agrees with this answer

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: You are fighting a losing battle. The fact that you don't want to appear for a deposition is not justification. Defendants have the right to take your deposition directly. The only way you can justify not showing up is to show extraordinary circumstances that support the fact that you cannot travel or there is no location near by where the depo can be taken.

Sorry

William John Light agrees with this answer

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