Monday, January 4, 2010

Excessive Objections Warrant Extension of 30(b)(6) Deposition

Defendant's motion to compel a continued deposition of plaintiff's 30(b)(6) witness was granted where "in 74 minutes [of deposition], there are 92 objections. Either one party can’t ask questions or the other party makes far too many objections. Having reviewed as much of the deposition as needed, the Court finds the latter. . . . [Defendant] is limited to 8 full hours of questioning. Once [plaintiff's] objections total 100, the deposition time will be extended for 1 more hour. For every 50 objections thereafter, [defendant's] time will be extended 30 minutes. Of course, if [defendant] phrases its questions to draw meritorious objections just to increase its time, [plaintiff] may seek immediate relief with the undersigned where a finding of bad faith will result in immediate cessation of the deposition."

Voxpath Networks Inc. v. Verizon Communications Inc. et al., 4-08-cv-00127 (TXED December 29, 2009, Order) (Bush, M.J.)

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