New York Motion for Protective Order against Trial Deposition
Description
How to fill out Motion For Protective Order Against Trial Deposition?
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FAQ
The person subject to the protective order can file a motion to terminate the order and present evidence or arguments to the court as to why the order should no longer be in effect. The court will then make a decision based on the presented information.
§ 3103. Protective orders. (a) Prevention of abuse. The court may at any time on its own initiative, or on motion of any party or of any person from whom or about whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device.
In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. The Northern District local rules require conferring with opposing counsel before sending out a notice of a party.
The notice shall be in writing, stating the time and place for taking the deposition, the name and address of each person to be examined, if known, and, if any name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
Notice of Deposition Location; Date and time of commencing the deposition; Name of deponent; Address and telephone number of non-party deponent; Any materials to be produced by the deponent at the deposition;
Even if the protective order is unfair, do not jeopardize yourself by trying to contact the accuser to ?clear things up.? Instead, contact an Oklahoma VPO lawyer who can work to dismiss an inappropriate VPO and who can represent you at a permanent protective order hearing.
CPLR 3107 requires twenty (20) days' notice in order to conduct a deposition upon oral examination unless the court orders otherwise. The notice must contain: 1.
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.