Options available to halt taking of videotape trial deposition and require witness to appear in person at trial?
Question Details:
Discovery period closed 8 months ago. Trial date is set in two weeks in federal courthouse. Two counts remain: Conversion and Breach of Contract. Adverse party just filed notice of videotape trial deposition of its expert witness. What options are available on such short notice to force witness to testify at trial or to bar proposed depo?
Personal Injury Law Answers
You'd have to file a motion to prevent this. Depending on what the witness does for a living, you might have trouble winning that motion; this is actually fairly routine procedure, for expert doctors and surgeons.
This isn't the usual type of deposition, taken as part of discovery. This is a deposition to preserve testimony, so that it can be used at trial, and the courtroom rules for questions, objections and so on, will apply rather than those used for discovery depositions.
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