Date of Deposition...

[ProSeDadinMD]

What is the name of your state? MD

Out of curiousity, since Depositions are covered under the rules of Discovery, would a Deposition be required to be given after the date that Discovery is required to be completed? Discovery date per our scheduling order is 3/20, and the Deposition is "scheduled" for 3/30. Our court date is 4/3.

If it's not required, I look forward to telling ...her ... lawyer to pound sand.

 

[CJane]

What is the name of your state? MD

Out of curiousity, since Depositions are covered under the rules of Discovery, would a Deposition be required to be given after the date that Discovery is required to be completed? Discovery date per our scheduling order is 3/20, and the Deposition is "scheduled" for 3/30. Our court date is 4/3.

If it's not required, I look forward to telling ...her ... lawyer to pound sand.

I don't think it's under the same time limit. Depositions in my case went as late as the week before trial...

But, on the 'pound sand' note... requesting that you/your girlfriend appear is a LOT different than requiring your presence. You/your girlfriend CAN refuse to attend the deposition. At that point, it's up to ...her... attorney to have a subpeona issued for whomever he wishes to have appear.

You/your girlfriend can also 'reschedule'...

Until a subpeona is ordered by a judge, it's just y'all making friendly appointments to hang out together.

I wouldn't normally suggest anyone wait for a subpeona, but that's something only you can really decide.

 

[ProSeDadinMD]

I don't think it's under the same time limit. Depositions in my case went as late as the week before trial...
But, on the 'pound sand' note... requesting that you/your girlfriend appear is a LOT different than requiring your presence. You/your girlfriend CAN refuse to attend the deposition. At that point, it's up to ...her... attorney to have a subpeona issued for whomever he wishes to have appear.
You/your girlfriend can also 'reschedule'...
Until a subpeona is ordered by a judge, it's just y'all making friendly appointments to hang out together.
I wouldn't normally suggest anyone wait for a subpeona, but that's something only you can really decide.

Well, the lawyers email states that my girlfriend will be subpoena'd.

There is no specific timeframe listed in the MD rules, but I found this interesting:

Rule 2-401. General provisions governing discovery.
(a) Discovery methods.- Parties may obtain discovery by one or more of the following methods: (1) depositions upon oral examination or written questions, (2) written interrogatories, (3) production or inspection of documents or other tangible things or permission to enter upon land or other property, (4) mental or physical examinations, and (5) requests for admission of facts and genuineness of documents.
(b) Sequence and timing of discovery.- Unless the court orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. The court may at any time order that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue.

This leads me to believe that, since the court has issued a discovery deadline, they would be wrong to issue a subpoena for a date after that. Correct?

 

[casa]

Well, the lawyers email states that my girlfriend will be subpoena'd.

There is no specific timeframe listed in the MD rules, but I found this interesting:

This leads me to believe that, since the court has issued a discovery deadline, they would be wrong to issue a subpoena for a date after that. Correct?

Not unless in your order, it states "that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue."

You say there is no specific timeframe listed in MD rules...but did you thorougly check your current/temp order?

Either way~ Instead of playing rules of discovery with an attorney while you are Pro Se ...stick to correcting filing/serving YOUR discovery and educating yourself about theirs so you know what kind of BS she's going to be trying to convince the court of.