Discussion: View Thread

  • 1.  Setting time limits for depositions

    Posted 11-01-2023 12:21

    I'm finding these days that after about 3 hours of deposition, my brain is toast.  I requested that an upcoming deposition be limited to 3 hours, and got push back from opposing counsel citing the Civil Practice Act here in Georgia.  There is actually no reference to a relevant issue in the act that I can see.  Have others had any experiences with making a similar request?

    Many thanks.



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    Mike McCord
    mike@mccordrehab.com
    Atlanta, GA United States
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  • 2.  RE: Setting time limits for depositions

    Posted 11-01-2023 12:27

    The Federal limit specifies that depos can be for no more than 7hrs...

    www.law.cornell.edu/rules/frcp/rule_30

     

    But if you stick to your guns and say your limit is no more than three hours at a time, it seems to me that they would be hard-pressed to force you against your will.

     

    -Steve Bast, MHS, CVE, CDMS, FVE, CCM, IPEC, ABVE/F, EA

    Westwind Consulting, Inc.

     






  • 3.  RE: Setting time limits for depositions

    Posted 11-01-2023 14:14

    Steve: The way I have interpreted it is that is 7 hours total. I do not see any reason it can not be split into 2 dates. My longest deposition was 6 hours and split over 2 days.  Mike, I say stick to your guns!

     

     

    Michelle McBroom Weiss, MA, CRC, CCM, NCC, MSCC, ABVE/D, IPEC

    5543 Edmondson Pike, Suite 128

    Nashville, TN 37211

    mcbroomweiss@mcbroomweiss.com

    (P) 615-834-0186

    (F) 615-831-5274

    (C) 615-308-6395

     

     

     






  • 4.  RE: Setting time limits for depositions

    Posted 11-02-2023 10:04

    I have chosen to deal with this by requiring pre-payment at least one week in advance for a four-hour deposition, payable by whichever party is asking to depose me. It is in both my professional services agreement and my fee schedule. More often than not, the firm(s) deposing me try to get all their questions in within the four hours, but if it goes beyond that, I submit an invoice for the additional time. I also insist on reviewing transcripts of my depos and submitting errata pages to the court reporting firm prior to release of the transcript so that I have some leverage in case a depo has gone longer than 4 hours and a firm has not paid the additional time invoice. 



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    Stella Frank
    Vocational, Disability & Career Consultant
    sdoercrc@gmail.com
    Stillwater, ME United States
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  • 5.  RE: Setting time limits for depositions

    Posted 11-02-2023 10:22
    Mike,

    Only give afternoon availability times/dates (they can't control your schedule). There was a doctor who only schedule his depos Friday's at 2pm, and said they never lasted more than 2 hours bcz even attorneys want their Friday evenings free. 

    Kind Regards,

    -----------------------------------
    J. Matthew Sims, MC, MS
    Sims & White, PLLC
    389 East Palm Lane, Ste. 1
    Phoenix, Arizona 85004
    o (602) 253-2033
    c (623) 826-4091
    www.simsandwhite.com