I am a plaintiff pro se in the state of ny.
Defendent suppose to be deposed by me next month.
I called his counsel and offered him 3 optional dates to do the deposition.
He said that his client can not attend any of them.
Looks to me that he just trying to make problems.
My questions is do I really need to consult with him about this or can I decide on vanue and time and send him a notice of deposition?
2007-02-21 04:58:13 · 2 answers · asked by Programmer 1 in Politics & Government ➔ Law & Ethics
Send him a notice. Make sure that it is far enough in advance (two or three weeks min) and that it is within the county where the lawsuit is pending. Check the NY Rules of Civil Procedure for other requirements of the notice. I recommend sending it certified mail, return receipt so he cannot claim he did not get the notice.
2007-02-21 05:02:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Notice him anyways, on another date. It will be his burden to get it continued. You are entitled to discovery. If he flakes, etc., you can file a motion to compel or something like it.
Have it served in person on counsel (by someone not related to the case and over 18).
2007-02-21 05:33:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋