Legal Question in Civil Litigation in California

Rules & Strategy for scheduling deposition:

Opposing side deposed me apprx 10 days ago. They provided 3 dates in late November at which time they want to continue deposing me, 1-3 more days. They plan to motion for summary judgement after their deposition. I want the dates to be late December. I would like to prepare. Also, I want to complete and serve upon them my discovery inquiries which may refocus and/or narrow contentions and provide me ammunition to shoot down their summary judgement motion. On the other hand, if they had my discovery questions in hand when they deposed me, they would know my case theory.

Any feedback on Rules & Strategy?

Thank you,

MJ


Asked on 11/18/11, 7:54 am

3 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

You can hire an attorney to prepare you for deposition, make the necessary objections, etc. This seems like a fairly complicated case, if they need up to 4 days to depose you, there must be lots to cover. An attorney can make a special appearance for you just at your deposition, you might want to consider hiring an attorney to draft the objection to MSJ.

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Answered on 11/18/11, 8:25 am
George Shers Law Offices of Georges H. Shers

At the end of the deposition did they say they were going to continue it or did they indicate their were no further questions, as they may not have the right to take more depositions of you. You would have to file for a protective order.

Unless you have a case worth 6 figures, in which case some attorney would handle the matter for you, it would make no sense on its face as to how you have enough to even say for 4 depositions. They may just be harassing you, although it is costly to do so via a deposition. Since half of November is up, you might have no choice but to schedule in December. If they do not ask you in the deposition why you are suing and what grounds you base the suit on then they are incompetent. if they are going to move for summary judgment you should hire an attorney to evaluate the case and at least give you arguments to use in the opposition to summary judgment.

If you wish to discuss this, at no charge, give me a call 510-441-2684 but first give me the case number and county it is in so I could quickly look at what the case involves.

not proof read

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Answered on 11/18/11, 9:51 am
Anthony Roach Law Office of Anthony A. Roach

Your time to get an attorney was before the deposition. I have this feeling that you have already testified enough at the deposition to give them ammunition to support a summary judgment against you.

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Answered on 11/18/11, 11:03 am


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