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    « Modification of Opinion in Lu v. Hawaiian Gardens Casino | Main | University of California Salary Database »

    Comments

    Cranky Greg

    It seems that this tactic is very popular with the lawyers from L.A. who travel up here to the Central Valley.

    I agree with your idea to stop this silliness.

    It took me about three depos before I figured this out.

    The fine folks at Jackson Walker must learn this tactic on their first day on the job.

    Sean McLoughlin

    I'm unclear why you consider a non-consecutive second or third day of deposition a "dirty tactic." The code does not require consecutive days, and competent practitioners include in the notice language beyond the "continuing from day to day" to make it clear that subsequent days may, in fact, not be consecutive. If you think the deposition is being abused by continuing to additional days, you have a remedy - seek a protective order.

    Tom

    What does "from day to day" mean to a defense lawyer, Sean?

    RC

    The phrase "from day to day" does not mean "from time to time".

    The usual phrase is "The deposition will continue day to day, excluding weekends and holidays", which, of course, indicates that "day to day" means that it will continue on a daily basis, on each business day, until it is done, not that it will start on a date specified in the deposition notice, and then resume on some undisclosed or yet-to-be-determined day not specified in the deposition.

    2025.220(a)(2) requires the deposition notice to state the the "date of the deposition, selected under Section 2025.270, and the time it will commence." It does not afford a deposing party to state the date upon which the deposition will start, leaving it to be rescheduled again at some later date.

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