Can a deposition be extended when the attorney asking questions wasted time on irrelevant questioning?

Personal Injury 3 views 2 answers
I had a deposition by an Illinois insurance company defense attorney. I live in another state a days drive from IL. He wasted nearly 2 hours asking irrelevant questions. 2.5 hours into the deposition my representative who was a substitute of which I found out at the last minute asked for a break. After another 20 minutes, she came back and said she had to leave and the deposition would have to be continued. She stated the defense attorney said he had another 2 hours of questions. Now, I have to travel back again. When I advised my attorney of the 3 hour limit, he said that it was extended. This would be after the deposition. He said he is "legally" unable to pay my expenses and lost income to travel back for what should have taken 10 minutes longer due to the action of his rep.

Attorney Answers

2
Robert Cohen ·
There are two situations applicable to what you say. Both lead to the same answer: no. The first situation is as you describe: thoughtless actions by a participant and pointless questions. The other is that there were legitimate reasons for what looked like irrelevant questions to you, the deposition had already been approved for extended time, and something came up. Either way, a judge doing something about it is quite unlikely. If there are are legitimate reSons for a longer dep, even if you think otherwise, it will go longer. My view: the 3 hour rule was designed to prevent abuse. It also leads to abuse. Regardless of the reason, you were poorly treated. There is no excuse, none at all, for failing to prepare a witness for a known longer examination, and failing to accommodate an out of town lay witness. Unfortunately, that is just my opinion.
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Judy Goldstein ·
Mr. Cohen has provided a thoughtful and complete response. I agree with his comments and join him in sympathizing with your situation. However, the unfortunate result is that likely there is little you can do if you are a party. If you are a nonparty deponent, you may be able to seek additional witness fees but that would be only a minimal contribution to your additional expenses. Any new deposition should be conducted at your convenience to the extent possible.
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