I want to depose my x's supervisor. Because the supervisor knows I want to depose her, she has evaded being personally served. Therefore, I had the company served the Deposition Subpoena instead -- listing in "painstaking specificity" the points of each topic (6 pages all related to the supervisor). Since the supervisor is the pmk, I trust she will be the person the company sends for the depo. Opposing Counsel was served the Subpoena, including pos and all the details. However, OC was not served a Notice of Taking Deposition. OC is threatening to file a motion to have any evidence gleaned from the deposition excluded because she was not served a Notice. This does not make sense to me. The subpoena with attached details covers much more information than a Notice. Does OC have a case? Should I do as she demands, cancel the deposition and start over?
the rules require that each party to the law suit be served a "notice of deposition" and the subpoena goes to the non--party....one way of doing it is attach the subpoena to the notice....will the court care???maybe; maybe not...so serve a notice.
Is the supervisor a defendant? If not, no notice of depo is required as she is not a party. With that said, simply serve her a notice.
If your x's supervisor is being deposed in connection with the Family Law matter, you do not have to send a notice of deposition to the deponent, but you must send a notice to your ex and any other parties.
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