Depositions are part of the discovery process in a court proceeding, and they are meant to be scheduled at a time that is amenable to both parties, not just to the requesting party. If the company has been cooperative throughout discovery thus far, there is no reason not to request another date for the deposition. The vendor could very well need some consideration as well as the proceedings go on. But if the company has done everything possible to drag its feet and make discovery difficult for the other side, a request for a delay or an alternative date might not be viewed very favorably. The judge is generally in charge of discovery, particularly discovery deadlines, and it is also possible to ask the judge to intervene to assure that the company can carry out its normal and necessary business throughout the proceedings. The moral to this story is that all parties in discovery should begin and continue in a spirit of cooperation, rather than engaging in scorched earth tactics before trial even begins!
No comments:
Post a Comment