Cancellation of Depositions

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Latest post 10-24-2007 5:20 PM by ca19lawyer2. 2 replies.
  • 10-23-2007 7:39 PM

    • NYMike1
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    Question [=?] Cancellation of Depositions

    Can anyone tell me if it's true that there is a law
    (NYS or Federal, not sure) that if the defendants postpone 2 scheduled depositions that the plaintiff can petition the court to bar the defendants from ever deposing the plaintiff?
    It had something to do with the defense not being able to keep putting the plaintiff on notice and then keep cancelling as a means of delaying litigation or something to that effect.
    I read somewhere online about the plaintiffs options to stop it from happening over and over, but the person only eluded to it and wasn't sure themselves about the existence of the actual law.
  • 10-24-2007 8:13 AM In reply to

    re: Cancellation of Depositions

    "Can anyone tell me if it's true that there is a law
    (NYS or Federal, not sure) that if the defendants postpone 2 scheduled depositions that the plaintiff can petition the court to bar the defendants from ever deposing the plaintiff?"

    Probably not specifically like that.

    But rules of court typically allow a judge to compel the parties and/or attorneys to perform properly on pain of contempt.

    It's also possible that sanctions could include losing the opportunity to depose the other party.

    Court rules also often specify a particular time limit for completing discovery and depositions. Unfortunately, those time limits are often very long.

    Do you have an attorney? An attorney would know how to resolve the matter.


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  • 10-24-2007 5:20 PM In reply to

    re: Cancellation of Depositions

    "Can anyone tell me if it's true that there is a law
    (NYS or Federal, not sure) that if the defendants postpone 2 scheduled depositions that the plaintiff can petition the court to bar the defendants from ever deposing the plaintiff?"

    No such law exists in any jurisdiction.

    "It had something to do with the defense not being able to keep putting the plaintiff on notice and then keep cancelling as a means of delaying litigation or something to that effect."

    If a party (either plaintiff or defendant) abuses the discovery process in order to delay a case, then the court may impose sanctions. In an appropriate case, I could see a court imposing an evidentiary sanction of the sort you mention, but it would be HIGHLY unusual and would require rather eggregious conduct.
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