Episode 79: An Email Is Not a Notice of Taking Deposition (But It Could Be)
In this episode, Jim Garrity discusses an October 21, 2021 ruling granting a protective order blocking plaintiffs' depositions set on short notice. In the case Garrity discusses, the plaintiffs' lawyer sent emails - one 49 days before the close of discovery, and another 42 days before the deadline - seeking deposition dates for specific named witnesses. But the actual Notice of Taking Depositions wasn't served until October 14, just a few days before the October 18, 19, and 20 depositions, and with a discovery deadline of October 21. So while the depositions had been discussed informally by email well in advance, the actual notice violated both a local rule and Fed.R.Civ.P. 32(a)(5)(A) against "short-notice" depositions. Garrity offers practical guidance on how to avoid winding up in this situation, including whether an email could ever serve as the formal deposition notice. The full case citation for the case discussed in the episode appears in the show notes below. And if you haven't left us a five-star rating wherever you get your podcast, would you be so kind as to do so right now? That's a great way to let us know you appreciate the effort that goes into producing these episodes. Thanks!
SHOW NOTES:
Bernstein, et al. v. Town of Jupiter, Florida, 2021 WL 6135188, No. 21-81215-CV (S.D. Fla. Oct. 21, 2021) (order granting defendant's motion for protective order blocking deposition set on short notice; held, while the plaintiff requested dates well in advance of the discovery deadline, the service date of the actual Notice of Taking Deposition was too close to the depositions themselves, violating rules on short-notice depositions)
Fed. R. Civ. P. 30(b)(1), (2), (3), (4); 30(b)(6); (outlining the required content of a proper Notice of Taking Deposition)
Fed. R. Civ. P. 32(a)(5)(A) ( addressing "short-notice" depositions, defined as depositions noticed less than 14 days from the date of the deposition, and providing severe consequences)