Legal Question in Civil Litigation in California
I am involved in an out of state lawsuit. I already flew in for one deposition, I was then scheduled for mediation, but the court date was changed at the last minute, my attorney then told me that "it was ok, we will do this by phone". I lost my airline tickets, and my phone deposition lasted 5-10 minutes. Recently the company Im sueing attempted to throwout my claim, but was denied by the court. Now I am being asked to come back to California to finish up the deposition, a month before my trial date. I have 2 questions: 1. Is this normal in the lawsuit process?
2.Can I object to this second deposition, because of financial difficulty and also because it is so close to my trial date?
2 Answers from Attorneys
That's peculiar, because there is a one deposition rule, unless it wasn't concluded the first time. Your attorney can move for a protective order, or work with opposing counsel to at least pay for your ticket or make the other side go to the community where you live. All discovery must be concluded at least 30 days before trial.
1. They can take your deposition once. However, if the deposition was agreed to be continued at a later date, the deposition will resume and will not be barred under the "one deposition" rule. It depends on whether your telephonic deposition was concluded or not.
2. It depends on the discovery cutoff, as set forth by Mr. Cohen. If it is outside of the cutoff date, I would suggest working out arrangements for a telephonic appearance. Normally, a deposition if a party in this state must be held within 75 miles from their residence or tin the county where the action is pending at a place within 150 miles of the deponent's residence.
The rule is different for out of state parties and witnesses. In that case, your depostion may be ntocied within 75 miles of your residence or business office. (Code of Civ. Proc., sect. 2026.010 subd. (b).)
I have the distinct feeling as I answer this that your attorney is not familiar with these rules.
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