Postponing Depositions in Civil Cases: Rules and Consequences

Depositions are a crucial part of civil litigation, providing parties with the opportunity to interrogate witnesses under oath. However, when a defendant seeks to postpone a deposition, several rules and regulations govern the process. This article discusses how many times a defendant can delay a deposition and the consequences if these requests are unreasonable.

Overview of Postponements in Civil Cases

In civil cases, the frequency and validity of postponements depend on the reasons for the delay and the policies set by the court. The most common scenarios involve the party taking the deposition (the plaintiff's attorney) scheduling the deposition in good faith and the defendant resisting the request for postponement. Typically, a brief discussion between the attorneys is enough to reschedule the deposition.

Reasons for Postponements

The defendant may request a postponement for reasonable reasons such as scheduling conflicts, illness, or preparation time. However, if the postponement is deemed unreasonable, the court may intervene. For instance, if a defendant continues to postpone their deposition without sufficient cause, the plaintiff's attorney can file a motion with the court to compel the deposition to occur within a specified timeframe, such as 10 to 14 days.

Consequences of Unreasonable Postponements

When a defendant continually postpones a deposition without legitimate reasons, the court may take disciplinary actions. These can include monetary penalties or even contempt of court. If the party taking the deposition (usually the plaintiff's attorney) agrees to a postponement, it is often granted. However, unreasonable delays can lead to more severe consequences.

Courts and Judicial Intervention

In some cases, parties may only go to the judge as many times as the plaintiffs counsel allows. Should the plaintiff disagree with a postponement, they can file a motion to compel the defendant to appear. If the court orders the defendant to appear, contempt of court can be a consequence if the defendant fails to comply.

Example Scenarios

Consider the following example: Mr. Smith, an attorney representing the defendant, has repeatedly requested to postpone the deposition of Ms. Jones, a witness for the plaintiff. After initial discussions and brief calendar checks, the attorney continues to request further postponements. If these requests are found to be unreasonable, the plaintiff's attorney could file a motion with the court to compel the deposition within a set timeframe. Similarly, if Ms. Jones fails to appear despite the court's order, she could face sanctions or even contempt of court.

Conclusion

The number of times a defendant can postpone a deposition in a civil case is not a fixed number but is contingent on the reasons provided and the actions taken by the court. Reasonable requests for postponements are often accommodated, but unreasonable delays can result in stricter measures from the court, including motions to compel and potential sanctions.