Asking for deposition dates first is a common professional courtesy.
The only time we pick dates and send notices or subpoenas is if we do not get dates after repeated requests. Even then, we include a cover letter or email that outlines our prior attempts to schedule the deposition and offers to re-set it for a mutually agreeable place and time.
Yet I have a case now where defense counsel did not do that. No attempts to schedule the deposition with me. No requests for dates. And then out of nowhere, unilateral notices and subpoenas sent for two whole days of depositions of non-party witnesses to take place in 3 weeks.
What's worse? It is a sexual abuse case where the abuse started when my client was a minor and the subpoenas were issued to the parents and the siblings.
Defense counsel claims it is commonplace to unilaterally subpoena depositions and then work on scheduling after. That's not my experience (nor do I think it is the experience of others).
Deposition scheduling should be a cooperative process that occurs before the depositions are scheduled, not after.
Do you agree? Join the conversation with me on LinkedIn.
