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can i be forced to do a second deposition in personal injury case?
Atlanta, GA
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Posted 7 months ago in Litigation
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had to do a deposition for PI case, they tried to discuss everything except the case, prying about my personal life 30 years ago!!
Then they also looked into non related medical information, like a minor surgery years ago, then filed a motion to have the case dismissed due to being a drug addict for taking prescribed pain medication for a medical reason. ( they were denied) I am in fear I will have to do another miserable deposition as I fired the attorney & plan on finding another 1
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sorry for confusion, i did complete the 1st deposition, I was wondering if down the road , I can be forced to do a 2nd depo. Answers (3)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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If the deposition is not over and you do not attend you risk losing the case.
You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 
Garrett Wayne Wilson
This attorney is licensed in Arkansas and 1 other state.
Posted 7 months ago.
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Assuming that the first deposition was completed then you should not have to undego a second one simply because you changed lawyers.
Most states have broad discovery rules which allow for an adverse party to uncover information that is caluclated to lead to the discovery of admissible evidence. Meaning if it could potentially have relevance then they can ask you about it. 
Dennis Michael Phillips
This attorney is licensed in Florida.
Posted 6 months ago.
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Yes, it's possible that you may be subjected another deposition, if the rules of procedure in your jurisdiction allow for an update depo. You shouldn't be subjected to the same material; but it's fair to give the defense a shot to take your deposition after either a long time has passed or after you have had a significant change in circumstances (e.g. you've undergone surgery and your "damages" picture may have changed).
In Florida, where I practice, update depos (or "bringup depos") are not uncommon. Just make sure that you are not asked about anything that occurred before the first deposition. They had their shot at that; and that's all they should be entitled to. This of course is just general information. Your specific case is unique; and I don't have all the facts. Discuss this with your next attorney to be sure that you get the best information. Good luck. |
