Legal Question in Family Law in California
I received an order to attend a deposition. The date was a month from the time i received the letter. I arrived to the location on time and the lawyer who sent the letter to me, who represents my ex-wife did not show up. I called, left a note at the office and also got a business card from a company who shares the same building as the lawyers office who represents my ex wife. This was proof that i arrived on time. A few hours later I received a phone call from my ex-wifes lawyer stating she tried to call me the night before to confirm I was going to be there. Since I did not return her call and confirm i was attending the deposition she asusmed I was not attending. Nothing in the deposition letter states that there needed to be a confirmation call. I cant afford to take another day off of work bewteen now and our court date which is in 7 days. Do I have to make time to reschedule or can i go to court on my court date and explain that they failed to arrive at the date on the deposition request?
2 Answers from Attorneys
If you are involved in litigation, you might file a motion for a protective order the next time a deposition notice arrives, explaining in writing to the court that you showed up the first time, took time off from work, lost pay, etc., and that you can't afford to do another deposition, unless you're compensated. The court might be sympathetic and order your ex- to reimburse you for your troubles.
Mr. Cohen is correct. I would add that there is at least an argument to be made that they cannot re-notice your deposition at all, since they only have a right to one deposition and you showed up. Lastly, if they even want to pick that fight, they have to re-notice your deposition. That requires ten-days notice if served by hand, twelve court days if by overnight delivery, and fifteen if by mail. So there is no way they can notice the deposition before your hearing in seven days.
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