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Donny J. Foty

Donny Foty’s Answers

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  • The defendant in my lawsuit is asking to take my deposition. I wish to take hers first? How does this work?

    are we required to take each others deposition and what are the pros and cons? (its a civil law suit, the defendant owes me over $35.000 dollars

    Donny’s Answer

    Typically there is no preferred order of discovery. The parties in litigation are to schedule depositions at times that are convenient for each side. There is no rule that states whether a defendant or plaintiff should be deposed first. However, the general practice is that the plaintiff is deposed first followed by the defendant. The plaintiff brings the lawsuit and is therefore, given the opportunity to answers questions about the claims he/she has brought.

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