I received a deposition notice and request for production of documents all in one. Does this mean that I have to bring the requested documents to the deposition, or do I have to give them the documents prior to the deposition?
You can do either. The deposition will proceed more efficiently if you provide the documents in advance, but this might not be in your best interest.
You need to have an attorney review the documents and determine if they were prepared and served correctly.
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The normal practice is for you to bring the documents with you to the deposition itself. You are putting yourself at a disadvantage if you provide them with documents prior to the deposition because it gives the other side more time to prepare.
If there are categories of documents you are being asked to produce which are objectionable, you need to serve your written objections no later than 3 days prior to the deposition itself.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Consumer Protection Attorney
You need to appear with the requested documents. There is no requirement to do anything prior to the deposition. If you need to reschedule the date due to a conflict of any kind you should call the deposing attorney and request to have the date and/or time changed. If he or she refuses, you will need to send an objection letter stating that you are unavailable on that date and propose a few alternative dates. Otherwise if the date and time is good for you than appear at the date and time indicated on the deposition notice.
On a more practical level, depending on your involvement in the matter that is the subject of the investigation/lawsuit for which they wish to depose you, there might be a possibility to avoid the deposition all together. It will not hurt to call the attorney and ask them if there is any specific information or documents which they wish to obtain from you by way of the deposition. If that is the case they might be willing to skip the deposition if you provide them the documents and the information. This is if you are not a party to the case and they are simply looking for a few distinct pieces of information from you.
Of course if you do end up attending the deposition I recommend that you attend with an attorney unless the subject of the deposition has no significant connection to you. Your attorney will know when to object and when to instruct you not to answer a specific question. This will become important in the long run if the matter goes forward to trial and especially if you are a party to the lawsuit.
I hope that this information was helpful. For more specific advise as to how your should proceed based on the circumstances you are in and your connection to the case or investigation please consult and attorney. Nothing stated herein shall be construes as complete legal advise nor shall establish an attorney client relationship between us.
Best of luck to you.
Very truly yours,
Attorney At Law
Intellectual Property Law Attorney
In federal practice, it is permissible to include a request for production of documents with a notice of deposition under Rule 30(b)(2). However, at least 30 days' notice must be given because a party normally has 30 days to respond to a request for production of documents under Rule 34.
This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.