Q: Question about accommodations during depositions. Please see "More Information" section
Situation: Plaintiff with a medically diagnosed disability files a lawsuit. Plaintiff is scheduled to be deposed. Plaintiff requests as an accommodation that a real-time written transcript be provided during deposition to accommodate Plaintiff's medically diagnosed Auditory Processing Disorder. Accommodation requested is recommended by a medical professional licensed to make such recommendations
Question: Is opposing counsel compelled to provide such an accommodation? Can Plaintiff be "forced" to pay for the accommodation? (Plaintiff is given the option of paying for accommodation or moving forward with deposition without accommodation). If accommodation is refused and Plaintiff moves forward with deposition without accommodation can Plaintiff answer all questions with "I request that the accommodation I requested and recommended by a licensed medical professional based on my medically diagnosed disability be provided before I answer any questions."
A:
This is a very interesting question because it involves a cross over between Civil Procedure law and ADA reasonable accommodation law. I presume that you are Plaintiff and you are representing yourself, so welcome to the quicksand called Civil Litigation. I think your proposed answer is very argumentative. Isn't the correct answer: "I don't understand the question because I have a hearing disorder and cannot understand you." The problem is that a deposition is basically Brain Surgery without the Operating Theater, and as the deponent, you cannot keep your mind on the situation clearly enough to avoid being emotionally entangled in the entire situation; THIS IS WHY PEOPLE HIRE ATTORNEYS. Representing yourself, you are sure to get tripped up. Everything you say can and will be used against you in a Court of Law.
The proper way for you to get what you want is to file a Motion for a Protective Order requesting the Court to Order them to provide you with this accommodation. You will likely have a very sympathetic ear with the Judge, who often gets these real time transcripts during trial so they can doze off until there is an objection then they read the question on the screen. If the Defendant is actually an insurance company, the Judge will not likely put up with this shenanigan about you paying for your own accommodation. If you were in a wheelchair, they would have to provide you access, but you would not have to pay for it. This is just some BS they are pushing on you to jerk you around.
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