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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?

Miami, FL |

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

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Attorney answers 3


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.

This answer is not intended to provide legal advice or legal opinion. This answer is simply general information about the litigation process.


Representing yourself is dangerous because litigation is complex. In California, there are statutes that set out how you notice a deposition and the requirements for it. There is no priority and no generally accepted plaintiff is first. If you notice the deposition with the right notice first, you get to take it first. I can tell you though that often defense attorneys will manipulate the client availability to gain a priority. Truth is, the facts are what ever they are and the timing should not matter. If you want it first, you notice it first.

Use the web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.



Many thanks Donny and Eliz. I do have a lawyer, but I am not happy with how he has handled my money; Igave him a Retainer, but he has billed above that and charged over $5000 more for extra work i did not approve or want. Because of this, and my current financial situation, I am trying to find out how to go about doing the lawsuit on my own, since the money I had planned for the rest of my lawsuit he has used on unnessary work. I am ceratin I will win it no matter what, however I know you are right Eliz, its best to have a lawyer. The case is already in the court, the defendant has been served, we had a meeting in court last monday, as she tried to stike, but it was ofcause denied her by the judge. I am looking for legal help in the last bit of my lawsuit, for the deposition, the trial... Do you happen to know where I can find low cost lawyer or legal aid in Miami, Florida? (I do not qualify for pro bono). Many thanks

Eliz C A Johnson

Eliz C A Johnson


A retainer is an initial deposit on fees in a case, not usually a final price unless you were told it was a flat fee. It is unreasonable for you to expect that to be the final price otherwise. In litigation, what is done is all dependent on what happens as the case progresses. While you may see work done as unnecessary that does not make it so. I have taken steps that turned out unnecessary but were very necessary to protect a claim at the time I did the work. I may have an obligation to do something the client does not want. You also hired the attorney to look out for your interests and I will tell you that I do not ask my clients to "approve" what I am about to do. I act on their best behalf. I understand money can be an issue and you may have to do this yourself but it is dangerous to do so, especially if you think you will "win, no matter what". There are Legal Aid clinics all over the country.

Eliz C A Johnson

Eliz C A Johnson


Oh, and GOOD LUCK to you! :-)


A duly noticed deposition notice will contain the date, time and pace of the deposition. So you need to go by the dates contained in the notices (assuming the notices are valid). However, the parties may stipulate to different dates or different order than would be dicated by the notices.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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