Q: I have done my deposition about 4 months ago, and is there a time frame on the person I'm suing to do there deposition?
The person Im suing hasn't did there deposition and I wanted to know could they wait until next year to do theirs, or is it a time frame for them to do theirs. My deposition was held four months ago.
A: Since the matter is filed and you likely have an attorney, you should direct your question to your attorney. I feel that it would be inappropriate for me to answer this question if you have an attorney.
Good question. With the current Covid-19 issues, many things are delayed. Your delays could be the result of coronavirus issues. But, I'll answer the question as if times are normal.
I've seen many lawyers frustrated by issues scheduling the other party's deposition. One of the biggest issues is your scenario where you sit for deposition but then cannot schedule the other party's deposition. Maybe the problem is the other party. Maybe the problem is the other party's attorney. Either way, they have what they need -- your deposition.
In our practice, we've instituted some general rules to avoid the scenario you face. For example, we typically schedule both depositions the same day or on consecutive days. That way, you have the person scheduled. And, you know they are going to appear. We only make exceptions in limited cases where we trust the other party and lawyer to act in good faith. By doing the depositions in one setting, you have moved your case forward in preparations.
What can you do at this point? Again, the current coronavirus crisis has delayed courts across our state. Your delays may simply be due to Covid-19 concerns. Due to those issues, you may or may not be facing immediate deadlines. Many matters have been delayed. Under normal circumstances, you or your attorney should request the deposition in writing. If the other side does not provide dates, then you can ask the court to compel their deposition.
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