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How many times can a person be deposed?

Miami, FL |

I have being deposed on the same case four time. I am being deposed for the fifth time.

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Attorney answers 2


You don't say whether you are a party or a witness but I assume you are just a witness. If you were my client I would file a motion for protective order with the court and require the party that is deposing you for the 5th time to explain themselves the judge. I would allege that the party requiring the 5th deposition is harassing you. If I were the attorney for the other side I would also file a motion for a protective order claiming that the party requiring the 5th depo is attempting to change your testimony by asking you repetitive questions hoping you will eventually change your testimony.

Of course, if you are the other party in the case you probably don't have a lawyer otherwise he/she would have filed a motion for protective order by now.

After nearly 40 years of trial practice I can tell you that having to give 5 depositions in the same case is something I have never seen. Sometimes two for good reason, but 5, no way. Something is going on in this case that is unusual.

Of course, you probably don't have an attorney to take it to court. But If you did not show up at the 5th deposition, the other party would have to move for an order compelling you to show up. You could demand a hearing and at the hearing you could tell the judge what is happening.

Also, unless you are a party, the party subpoenaing you has to pay you a statutory witness fee and travel expense which should be attached to the subpoena. If it isn't, I wouldn't go. But I would go to court at any hearing on the subject and tell the judge what is happening.

The foregoing has been offered for informational purposes only and is not legal advice. I do not know enough about the facts to give you legal advice. I do advise you to seek the counsel of an attorney in person and explain what has been happening.

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I have been in practice almost thirty years, and I have never heard of something like this. One deposition is the norm. On rare occasions, a second deposition occurs, usually for a very specific reason. I have never seen more than that and I suspect you are permitting yourself to be taken advantage of. You should consider trying to avoid the next depositon by filing a moton for a protective order. Good luck.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.