Author Topic: How to quash an improper notice of deposition  (Read 1310 times)

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roybean

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How to quash an improper notice of deposition
« on: February 28, 2006 04:40:20 AM »
Ok, I've been doing some reading and I think that a notice of deposition has to be given within a certain amount of time so as to allow for any disputes or motions or what have you?  So what do I file?  A protective order or motion to quash?
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The best laid plans of mice and men often go awry!

roybean

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Re: How to quash an improper notice of deposition
« Reply #1 on: February 28, 2006 06:14:22 AM »
According to FRCP, 26(5)(c) I can file an objection and request a protective order.  I didn't think that they could ask for a deposition so close to the end of discovery and I sense that they were hoping that I didn't know.  Asking for a deposition this close to the end of discovery leaves me out in the open where I can't object or anything.  They could just run all over me and I'd have nothing to say about it because discovery would be over.  The judge specifically said that he would not entertain discovery disputes when we got to the end of discovery.  At the 26(f) meeting he said before we left the court room to make sure that we expeditiously got right down to discovery.  In a way this kind of makes me mad because they play around with pro se'ers and do things that they know full well they wouldn't ever try on another attorney. 
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The best laid plans of mice and men often go awry!

roybean

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Re: How to quash an improper notice of deposition
« Reply #2 on: March 09, 2006 12:31:00 AM »
Just so you all know; I am right about this, but guess what the judge said?  He said that my arguement is hypothetical and he can't say what will or will not happen.  I looked up cases (although none are consumer cases) and I found where judges tried to make people take depositions under ambiguous circumstances or without proper notice and the decisions were reversed.  So you know what?  If this case drags on like I think the CA is hoping and trying to do, I am already prepared to what I have to do.  Seems to me that they want to wear me down as if I might say, "F**k it," and give up. 
_________
The best laid plans of mice and men often go awry!

roybean

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Re: How to quash an improper notice of deposition
« Reply #3 on: March 10, 2006 11:10:29 PM »
I just left this deposition and the attorney was shaking like a leaf.  I thought I was supposed to nervous!  The only question (well for now) I have is, when I was first notified of the deposition I told the attorney I needed to speak with my legal advisor and he asked what is his name?  I said that I made some calls but my calls were not returned and I am pro se.  I do not have an attorney at this time.  He said he was going to refer it to the judge to get some answers?  He also asked how many CAs were calling me at the same time that they were calling and I objected and did not answer.  Supposedly, he asked because they want to know how much damage are they responsible for and how I am differentiated between the CAs that were calling me. 
« Last Edit: March 10, 2006 11:31:22 PM by roybean »
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The best laid plans of mice and men often go awry!

 

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