[WSBAPT] Rescheduling Deposition notice

[Andrekita Silva]

Law Office of F. Andrekita Silva 
______________________________________________________________ 

February 27, 2024

Mike,

I would say that you are correct. If OC noted a deposition and then they are unable to appear at their own deposition, then they either need to contact you to see if an agreement to reschedule on a mutually agreeable time and date (it could be tomorrow or some other time) can be reached.  If no agreement can be reached, they need to serve another Notice of Deposition and give you 5 days notice. If YOU aren't available on the deposition date scheduled, then you have to contact them and ask for a continuance to a mutually agreeable time and date.  But, they can't just tell you the deposition is rescheduled to the next day. Scheduling a deposition isn't that different from notice for a court date. 

As a matter of professional courtesy, it seems they should have reached out to you to see if an agreement can be reached. 

Andrekita Silva 
Law Office of F. Andrekita Silva 
1325 Fourth Avenue, Suite 940 
Seattle, Washington 98101-2509 
206-224-8288 
ak at seattle-silvalaw.com 

On 2024-02-27 10:35, michael westseattleattorney.com wrote: 

> Opposing Counsel noted with 5 days' notice a dep of a fact witness for
> today. However, this morning I am told that yesterday they rescheduled
> it for tomorrow. If I am not available then, don't they have to
> reschedule it with 5 days' notice?  
> Thanks  
> Mike
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