Legal Question in Personal Injury in New York

Deposition Cancellations
Is it true that if a defendants counsel cancels a scheduled deposition for a plaintiff two or more times that the plaintiffs Atty. can ask the court for a hearing or ruling that doesn't allow the defense to depose the plaintiff anymore?
I came across an article saying such a rule or law exists but have never heard of that before.
I've had 2 cancelled on me but don't want to badger my Atty. with what might be a crackpot comment.
Any comment would be appreciated.

Asked on 10/24/07, 6:46 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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Re: Deposition Cancellations

It's not quite that simple. An attorney can make a motion to preclude testimony at the time of trial but the practical impact is that the Court will most likely make a court ordered depostion date. Judges will strike answers or preclude testimony as a last resort or in very extreme circumstances. But it is not unusual for 2 depositions to be cancelled before finally being held.

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Answered on 10/25/07, 10:01 am

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