Legal Question in Business Law in California

deposition

can a person be deposed twice before a trial?


Asked on 12/23/06, 6:43 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: deposition

If the person's a party, and the first deposition was not formally concluded, the answer is "yes." Otherwise you might ask the court for a protective order so that the other party would have to explain why it's necessary to have another deposition. For instance, there might be newly-uncovered evidence that overcomes the presumption of annoyance and harassment.

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Answered on 12/23/06, 6:51 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: deposition

In addition to the comments by Mr. Cohen, it is also important to note that sometimes a party is brought in to a lawsuit after the deposition oif a witness or party has taken place. In those cases, the new party has the right to depose a witness who had previously submitted to a deposition.

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Answered on 12/23/06, 7:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: deposition

Usually not. The Court has broad powers to issue orders to insure that all parties have an opportunity to participate meaningfully in discovery, so in exceptional circumstances the judge may order an additional deposition.

More frequently, a deposition will not be completed in the available time at the first scheduled session, and is adjourned to be completed at a later time and date, which sometimes is months later. This may give the impression that a party is being "deposed twice" and in some respects it is a second deposition, but in other ways it is just an extension of the first - for example, the same subject matter cannot be covered a second time.

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Answered on 12/23/06, 7:55 pm


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