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For a deoposition that is scheduled for one day only and the attorney last minute wants to change it to two days.

Dayton, NJ |

In a NJ Law Division Case is this a hard thing to do. Whould it require an emergency motion? Secondly if one attorney is on record for the plaintiff and another attorney appears with the counsel record would this be premitted without prior notice? If prior notice was needed. Why would it be required? When you ask a defendant for a two day dep of an employee is a explanation needed or reqired?

Attorney Answers 5


  1. Rule 4:14 covers depositons in New Jersey. There is no time limit per se, but the deposition should be reasonble in length and the attorney must avoid irrelevent questions that are not calculated to lead to admissible evidence and also avoid repeating the same questions. So the answer is two days, depending on the type of case and the claims may not be unreasonable? I would leave it up to your attorney to judge? You can go to court and try and limit the time if you can show the judge it is exsessive?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  2. As to the first question, Mr. Buzunis is quite right of course. I'd add that it's not my practice to tender a subpoena or notice for deposition that sets the exact amount time required. Normally there will be language like "Beginning February 1, 2013 and continuing day to day thereafter." This is subject to the same limitations described by my colleague, of course.

    As to the number of attorneys appearing for the plaintiff at a deposition, I have always taken the position that, as with trial, my adversary can bring 2nd chair counsel (or a phalanx of lawyers, for that matter), but I would not allow more than 1 attorney to actually question the deponent.

    This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney.


  3. Talk to your lawyer. The lawyer should be able to answer your questions. I dont know about NJ, but they just put a law into effect in Ca that limits most depos to 7 hrs. There are exceptions. In Ca, you can bring almost anyone to a depo. As long as they dont disrupt or interfere, not much you can do other than seek a protective order.


  4. The other lawyers here have given you the straight dope on how the system works. I don't really understand your question but what I gleaned from it is that you don't think the person being deposed should have to sit for more than one day of deposition.

    I usually represent plaintiffs and it is normal for the plaintiff to be called for more than one day of deposition. However, your lawyer does have the ability to work out with the other attorney the day you will show up for your deposition, and lawyers generally work these things out in a friendly fashion, although that is not always true. Also the deposition does not have to happen two days in a row. so if you have strong feelings or health issues that would affect how you would like for your deposition to be held, be sure to tell your lawyer and he or she can help to schedule the deposition in a way that is satisfactory to you.


  5. If the deposition was noticed for one day, then that is the expection and the deponent planned accordingly for one day's testimony. It appears to be within the rights of the deponent to appear for one day and no more. If the notice was open ended, then the rules generally provide that the deposition continues until completed. If none of this achieves the result needed, call the Judge's law clerk, explain the situtation and ask if the Judge will intercede.