how many times an attorney may take a witnesses` deposition.

When your lawyer schedules your deposition, he or she will coordinate with each defendant. You only have to appear for one deposition. But, each defendant (or his or her attorney) can question you that day. That means you only have to appear one time, but you may have to answer questions from more than one attorney.

Full Answer

How many attorneys can question a witness during a deposition?

Unlike the numerical limits imposed by California law on interrogatories and requests for admission, there are no limits on the number of questions that can be asked of a witness during a deposition although there is a general 7 hour time limit on the length of depositions for most individuals imposed by Code of Civil …

When to get the book on a witness in a deposition?

Nov 19, 2017 · The general rule is that a plaintiff is only required to give one deposition. The same rule applies if there is one defendant or five. When your lawyer schedules your deposition, he or she will coordinate with each defendant. You only have to appear for one deposition.

Can a court order a deposition to be taken for several days?

Jan 05, 2022 · Technically, I suppose, a person can be deposed more than once but, as a practical matter, I don't see it happening. A deposition is expensive. They are lengthy - often a couple of hours or more so lawyer fees run up. The lawyer may have to be available for close to the whole day. The stenographer has to be paid.

Do lawyers figure things out for themselves at depositions?

Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26 (b) (1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

Can you depose an expert twice?

The U.S. District Court, New Mexico, dealt with a request to depose an expert witness twice; once after his report and once after his rebuttal report.

Can a witness be deposed more than once California?

P. 30(a)(2)(ii), which provides that a witness may not be deposed more than once absent a stipulation or leave of court.

How many depositions are allowed in California?

Each party may conduct one deposition of each other party. This limit is imposed to prevent parties from using the deposition process as a tool of harassment, and to make each party effectively use their deposition.

Can two attorneys take a deposition California?

The court reasoned that even though no written rule exists prohibiting two-attorney questioning in depositions in its jurisdiction, it is “typical practice ... for only one attorney to question a witness at a deposition.”12 The court tempered its holding by explaining that certain “[c]ircumstances may warrant allowing ...Nov 18, 2019

Why is there a second deposition?

This is because a second deposition may be a sign about your case. The insurance company may want to settle or be doubling down on the need for a hearing, or there may be an issue with the other case you filed. A lawyer can not only defend you at the deposition but also help you with the rest of your case.Apr 8, 2019

How long can a deposition last in California?

sevenEffective January 1, 2013, California depositions will be limited to seven (7) hours. The time limit applies to examination by all counsel, other than the witness' counsel of record.Jan 1, 2013

Can I refuse to give a deposition in California?

In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.

Who may attend a deposition in California?

As a practical matter, the only people present at most depositions are the examiner, the deponent, deponent's counsel, other parties' counsel, the court reporter, a videographer, and an interpreter, if necessary.

How much does a deposition cost in California?

It can cost from $4,000 to $6,000 per deposition. That includes the court reporter fee, which can be anywhere from $600 to $1,500 per deposition (court reporters charge by the page, so the longer the deposition, the more expensive).May 26, 2014

Who may answer a deposition?

You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court.

How do you stop a deposition?

Why you need a form “in your pocket” to prevent the taking of a deposition. As an attorney for a party, the only legal remedy you have to protect your client against an adverse party's subpoena or notice of deposition is — a motion to suppress the deposition.

How do you close a deposition?

If the deposition is being taken to preserve testimony for trial, then you should end the deposition like you end trial testimony: on a high note and with a flourish. This post, however, is designed mostly for those who are taking discovery depositions.Dec 12, 2005

Why was Rule 30 amended?

The language of Rule 30 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

What is subdivision a?

Subdivision (a). This subdivision contains the provisions of existing Rule 26 (a), transferred here as part of the rearrangement relating to Rule 26. Existing Rule 30 (a) is transferred to 30 (b). Changes in language have been made to conform to the new arrangement.

When can a deponent not answer?

A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30 (d) (3). (3) Participating Through Written Questions.

Can a party depose without leave of court?

A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30 (a) (2). The deponent's attendance may be compelled by subpoena under Rule 45. (2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26 (b) (1) and (2):

When was the Supreme Court's rule of admonition effective?

Amendment of this rule embraced by the order entered by the Supreme Court of the United States on November 20, 1972, effective on the 180th day beginning after January 2, 1975, see section 3 of Pub. L. 93–595, Jan. 2, 1975, 88 Stat. 1959, set out as a note under section 2074 of this title.

Can a deposition be terminated?

The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26 (c). If terminated, the deposition may be resumed only by order of the court where the action is pending. (C) Award of Expenses. Rule 37 (a) (5) applies to the award of expenses.

What is an objection to a deposition?

An objection at the time of the examination—whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—mus t be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection.

What is truth based on?

There is no substitute for this. But remember, truth is based on knowledge, not supposition or what the witness thinks she ought to know. Also, truth is not the platitude we learned in law school or Sunday school. Truth is based on one’s perception, which is as different for your witness as it is for you. Perception centers on one’s ability to distinguish fact from figment. Factors such as environment, mores, and personal and physical attributes color one’s perception. Perceptions have varying accuracy, but they become “truth” based on one’s belief in the “truth” of what is perceived. This is reinforced by rationality. Don’t assume that “It had to be that way,” or “that’s the only way it makes sense.” What is objectively reasonable may be persuasive but is not necessarily true. DNA testing has taught us this. Truth is seldom black and white; in fact, it is usually gray. No one likes that, but you must accept it and address it with your witness.

What is the virtue of humility?

witness who thinks he is more crucial or dignified with respect to an issue or person only deceives himself. Humility is a virtue, not a sign of weakness. The opposing examiner must be respected with

What is the importance of preparing yourself for a deposition?

Preparing yourself and witnesses for statements and depositions requires forethought and recognition that, as Americans, we think we possess an incredible intellect, are very compassionate, and know more than most about the world and our neighbors. That is a troubling recipe. If you address its ingredients, recognizing its limitations, you will take a statement or deposition which is persuasive, believable, and purposeful. 

Blaise E. Picchi

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.

Joseph A Blaszkow

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.