I scheduled a deposition of plaintiff for one day. How do I continue the following day if not completed on first day?

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In case the depo is not completed on the specified date, I would like to continue it the next day. In the deposition notice I did not specify depo to be continued from day to day until finished. Can I write a letter to opposing party to stipulate the change?

Attorney Answers

3
Joshua Swigart ·
You should out in the deposition notice that it will be continued. You can send an amended deposition notice with that language. Or you could come to an agreement with the other side during the deposition. I am assuming you are in state court. If you are in federal court, this is not allowed. You are only entitled to one day at seven hours. Taking hundreds of depositions in non complex and complex cases, I would be surprised if you could not get your deposition done in one day, if it is properly focused.
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Kevin Sullivan ·
Your deposition notice should have said from day to day. You should really hire a lawyer. Good luck
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You should be aware that new Code of Civil Procedure section 2025.290, effective January 1, 2013, places a 7 hour time limit on most depositions.
0 upvotes