Episode 29 - Lessons from the Front Lines: Are You Entitled to Depose a Witness Previously Deposed by Another Party?

In this Lessons from the Front Lines episode, based on a February 1, 2021 federal court ruling, Jim Garrity takes Episode 28 a step further. Previously, we addressed the question whether you can, as a matter of right, take multiple depositions of the same witness.

In this episode, we ask the next question:  What if another party first notices and takes the deposition of a witness under Fed. R. Civ. P. 30? Will that prevent you from separately noticing and deposing the same deponent later?  Under this scenario, you didn't notice the first deposition, didn't cross-notice it, and for argument’s sake, attended the deposition but did not ask a single question. Instead, you said only "No questions at this time.” Under the federal rules, do you still have the automatic right to depose that witness later, when the timing is better for you?

This episode is based on the Order Granting Defendant’s Motion for Protective Order and Plaintiffs’ Motion for Protective Order, Etc. in the case City of Las Cruces and Doña Ana County v. United States of America, 2021 WL 330062 (D. N. M. Feb 1. 2021).

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