In litigation are you obliged to accept the date of deposition as noticed to you by defense?

Contact whoever noticed the deposition and tell them you needed to be moved.

If the date unilaterally selected is inconvenient to you, contact the party that noticed the deposition. Tell the attorney the reasons for the need to select a better date and then mutually select a date. Confirm the deposition change in writing. The other side will likely send a revised deposition notice for the agreed upon date.

Most attorneys, especially litigators, understand that scheduling conflicts occur, particularly if a deposition date was set without prior consultation. Start with a call or an e-mail to attorney who noted the deposition and request if she/he would be willing to reset the date, with the reasons why you cannot attend, and suggest some alternative dates and times that may be mutually convenient. Good luck!

The responses posted by other counsel are accurate. I would only add that many Courts have local rules which require deposition dates to be cleared with parties first before noticing. If you cannot get agreement from counsel to continue the deposition to a mutually convenient date - make sure that you object in writing and state the grounds of the objections. Also, if the deposition notice contains document demands, you will want to object as appropriate and make sure that you object at least five days before the initially noticed date.

First you contact the noticing atty and try to work it out. If they refuse, then normally you file a motion for a protective order with the court before the depo is set to occur. It sounds like you didn't do that, did not appear, and the other side has filed a motion. You now must oppose the sanctions motion, and properly respond. Hopefully you do it properly and show the court you had good cause, you acted in good faith, they knew you weren't going to appear, and you offered reasonable other dates as alternatives. You need to offer your flexible availability for the depo now. Im a bit concerned when people tell me they cant show up for health reasons, and then they say they are going to be gone traveling outside the country. (Unless the person was going internationally for reqd medical care). You should have medical documentation as to the health issue and good explanation for the travel schedule not being flexible. Consulting with a local atty for prep of your Opposition would be a good idea.

Communication with your adversary is critical to preventing and resolving these sorts of problems. I understand that you may feel they are the enemy, but you still need to cooperate with them especially in matters such as scheduling discovery otherwise you will find yourself in court repeatedly arguing about things that really don't matter at all to your case.

The attorney noticing the deposition should be professional in handling a request to move a deposition date, especially if that attorney unilaterally set the deposition without first clearing the date with you. If you had agreed to the deposition date or have made numerous previous requests for a continuance, it may be a different situation. It would be unusual if you would be required to go to the Court to request relief in this circumstance.