Bradley attorney Ethan Tidmore was quoted in ABA Litigation News about a federal court’s decision that ongoing relevancy objections are not a basis for terminating a deposition. Instead, trial lawyers should expressly invoke Federal Rule 30, build a record that the questioning was in bad faith, and ask the court for a protective order.
"The opinion is a good reminder for counsel to build a strong record using the language of Rule 30(d)(3) before unilaterally terminating a deposition," said Tidmore, co-chair of the Membership and Diversity Subcommittee of the ABA Section of Litigation Pretrial Practice & Discovery Committee. Because the rule identifies bad faith and oppression as grounds for limiting the deposition, counsel should invoke that language in particular where applicable, he added.
The complete article, “Lawyers Sanctioned for Unilaterally Terminating Deposition,” appeared in ABA Litigation News on May 5, 2017. (login required)